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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 10573
GAZETTE NOTICE NO. 10573
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—
Irene Auma Odero, David Otieno Maira, Motorology Limited and
Masudi Suleiman Nchidziru that the High Court has issued
preservation orders in Nairobi High Court Miscellaneous Application
No. E30 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 E30 OF 2025
In the Matter of: An Application for Orders under sections 81 and 82
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 of Motor Vehicle Registration No.
1. KDJ 890X Chassis No. ZGM10-0066474 Registered in the name
of Irene Auma Odero
2. KDR 697W Chassis No. 24MBAIM4065055401 Registered in the
name of Motorology Limited;
AND
Parcel of Land Kwale/Ukunda S.S./2544 and all developments therein
registered in the name of Masudi Suleiman NchidzirU;
BETWEEN
ASSETS RECOVERY AGENCY—APPLICANT
VERSUS
IRENE AUMA ODERO—(First Respondent)
DAVID OTIENO MAIRA—(Second Respondent)
AND
MOTOROLOGY LIMITED—(First Interested Party)
MASUDI SULEIMAN NCHIDZIRU—(Second Interested Party)
IN CHAMBERS ON 16TH 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 Honourable Court be pleased to issue a preservation
Orders prohibiting the Respondents and/or their agents or
representatives from the sale, transfer, charging/mortgaging or
disposal off or any other dealings in respect of motor vehicle
registration numbers KDJ 890X chassis number ZGM10-0066474
and KDR 697W chassis No. 24MBAIM4065055401.
3. THAT this Honourable court be pleased to issue a preservation
orders prohibiting the Respondents and/or their agents or
representatives from the sale, transfer, charging/mortgaging or
disposal off or any other dealings in respect of parcel of land
known as Kwale/Ukunda S.S./2544.
4. THAT the Respondent be directed to surrender the motor vehicles
stated in paragraph 2 above and to assemble it at the Applicant’s
offices within seven (7) days of service of the orders herein and
hand them over to the Applicant’s director or any other officer
authorized by the Agency Director to exercise control over the said
motor vehicle.
5. THAT an Order directing the Director-General of National
Transport and Safety Authority to register a caveat against the
record of the Motor Vehicles registration Nos. KDJ 890X and
KDR 697W.
6. THAT the honourable court be pleased to issue an order directing
the Chief Land Registrar to place an inhibition inhibiting the
registration of any dealing in the interest comprised in the suit
parcel in prayer 3 above.
7. THAT this Honourable court be pleased to make any other
ancillary order it may deem fit for the proper, fair and effective
execution of its orders.
8. Costs of this application be provided for.
Ex-Parte;
UPON READING the Application dated 14th 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
1st August, 2025 THE KENYA GAZETTE
all enabling provisions of the law, And Upon Reading the supporting
affidavit of Bedford Muriuki sworn on 14th July, 2025 and the
annextures thereto;
IT IS HEREBY ORDERED
1. THAT a Preservation Order be and is hereby issued prohibiting the
Respondents and/or their agents or representatives from the sale,
transfer, charging/mortgaging or disposal off or any other dealings
in respect of motor vehicle registration numbers KDJ 890X chassis
No. ZGM10-0066474 and KDR 697W chassis No.
24MBAIM4065055401.
5. THAT a Preservation Order be and is hereby issued prohibiting the
Respondents and/or their agents or representatives from the sale,
transfer, charging/mortgaging or disposal off or any other dealings
in respect of parcel of land known as Kwale/Ukunda S.S./2544.
6. THAT the Respondent be and is hereby directed to surrender the
motor vehicles stated in paragraph 1 above and to assemble it at
the Applicant’s offices within (7) days of service of the orders
herein and hand them over to the Applicant’s director or any other
officer authorized by the Agency Director to exercise control over
the said motor vehicle.
7. 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 registration Nos.
KDJ 890X and KDR 697W.
8. THAT an order be and is hereby issued directing the Chief Land
Registrar to place an inhibition inhibiting the registration of any
dealing in the interest comprised in the suit parcel in order 2 above
GIVEN under my hand and the seal of the Honorable Court this
16th day of July, 2025.
ISSUED at NAIROBI this 16th day of July, 2025.
DEPUTY REGISTRAR,
High Court,
Anti Corruption And Economic Crimes Division.
PENAL NOTICE
Take notice that if you, the above named respondents 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 25th July, 2025.
KENNEDY O. OGWENGO,
for Ag. Director-General, Assets Recovery Agency.
Dated the 25th July, 2025.
KENNEDY O. OGWENGO,
for Ag. Director-General, Assets Recovery Agency.
Extracted Entities (1)
previous_gazette_ref
10573
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (1)
- Signed By
- KENNEDY O. OGWENGO
- Title
- for Ag. Director-General, Assets Recovery Agency
- Date Signed
- 25th July 2025
- Page
- 52
- Extraction Method
- regex
Source Gazette
Vol. CXXVII No. 165
Published 11th February 2025