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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 5612 5612 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)

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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