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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 11388
GAZETTE NOTICE NO. 11388
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
(No. 9 of 2009)
PRESERVATION ORDERS
IN EXERCISE of the powers conferred by section 83 (1) of the
Proceeds of Crime and Anti-Money Laundering Act, 2009, the Agency
Director gives notice to—
Moureen Akinyi Otieno that the High Court has issued preservation
orders in Nairobi High Court Miscellaneous Application No. E35 of
2025 as specified in the Schedule hereto:
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-
CORRUPTION AND ECONOMIC CRIMES DIVISION
MISCELLANEOUS CIVIL APPLICATION NO E35 OF 2025
In the Matter of: An Application for preservation orders under
sections 81 and 82 as read with section 131 of
The Proceeds of Crime and Anti-Money
Laundering Act (POCAMLA) as read together
with Order 51 of the Civil Procedure Rules;
AND
In the Matter of: Preservation Orders for motor vehicle Reg. No. KBJ
79M, Chassis No. ACM215033828, registered in
the name of Moureen Akinyi Otieno;
BETWEEN
Assets Recovery Agency……………………………………..Applicant
-Versus-
Moureen Akinyi Otieno……………………………………Respondent
IN CHAMBERS ON 31ST JULY, 2025
BEFORE HON. LADY JUSTICE LUCY NJUGUNA
ORDER
CLAIMS IN THE APPLICATION
1. THAT this application be certified urgent and the same be
heard ex-parte on a priority basis in the first instance.
2. THAT this this Honourable Court be pleased to issue a
preservation Order restraining the Respondent her employees, agents
and/or representatives acting on her behalf, prohibiting the sale,
transfer or disposing off or other dealings with the motor vehicle
registration numbers KBJ 679M Chassis Number ACM215033828
Toyota Ipsum registered in the name of Moureen Akinyi Otieno.
3. THAT the Respondent be ordered to surrender the motor
vehicle specified in prayer 2 above, the ignition keys and the original
logbook to the Applicant and be assembled at the Applicant’s premises
at UAP Old Mutual Towers parking lot within seven (7) days failure to
which the investigating officer, Mr. Duncan Odhiambo or such other
officer as the Agency Director may designate, to seize the motor
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vehicle and deliver it to the Agency Director or any other officer
authorized by the Agency Director to exercise control over the said
motor vehicle.
4. THAT an order be issued directing the Director-General of
National Transport and Safety Authority to register caveat against the
records of the motor vehicles specified in Order 2 above.
5. THAT the Honourable Court do make any other ancillary
orders it may deem fit and necessary for the proper and effective
execution of its orders.
6. THAT costs be provided for.
Ex-Parte;
UPON reading the Application dated 29th July, 2025, brought under
certificate of urgency by Counsel for the Applicant under sections 81
and 82 of the Proceeds of Crime and Anti-Money Laundering Act and
Order 51 rule 1 of the Civil Procedure Rules and all enabling
provisions of the law, and upon reading the supporting affidavit of
Duncan Odhiambo sworn on the 29th July, 2025 and the annextures
thereto;
IT IS HEREBY ORDERED
1. THAT a Preservation Order be and is hereby issued restraining
the Respondent, her employees, agents, and/or representatives acting
on her behalf, prohibiting the sale, transfer or disposing off or other
dealings with the motor vehicle registration numbers KBJ 679M
Chassis Number ACM215033828 Toyota Ipsum registered in the
name of Moureen Akinyi Otieno.
2. THAT the Respondent be and is hereby ordered to surrender
the motor vehicle specified in order 1, original logbook and keys of the
motor vehicle specified in order 1 above, the ignition keys and the
original logbook to the Applicant and be assembled at the Applicant’s
premises at UAP Old Mutual Towers parking lot within seven (7) days
failure to which the investigating officer, Mr. Duncan Odhiambo or
such other officer as the Agency Director-General may designate, to
seize the motor vehicle and deliver it to the Agency Director General
or any other officer authorized by the Agency Director General to
exercise control over the said motor vehicle.
3. THAT an order be and is hereby issued directing the Director
General of the National Transport and Safety Authority to register a
caveat against the records of the motor vehicle specified in Order 1
above.
GIVEN under my hand and the seal of the Honorable Court this 31st
day of July, 2025.
ISSUED at NAIROBI this 1st day of August, 2025.
DEPUTY REGISTRAR,
High Court, Anti-Corruption
and Economic Crimes Division, Nairobi.
PENAL NOTICE
Take Notice that if you, the above-named respondent or your
Servants/Agents disobey this Order, you will be cited for contempt of
Court and shall be liable to Imprisonment for a period of not more than
six months.
Dated the 12th August, 2025.
MARK M. OGONJI,
S03653 Ag. Director-General, Assets Recovery Agency.
Dated the 12th August, 2025.
MARK M. OGONJI,
S03653 Ag. Director-General, Assets Recovery Agency.
Extracted Entities (1)
previous_gazette_ref
11388
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (1)
- Signed By
- MARK M. OGONJI
- Title
- S03653 Ag. Director-General, Assets Recovery Agency
- Date Signed
- 12th August 2025
- Page
- 55
- Extraction Method
- regex
Source Gazette
Vol. CXXVII No. 173
Published 13th February 2025