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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 18332
GAZETTE NOTICE NO. 18332
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
(Cap. 59A)
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—
David Otieno Maira,
Nippon Imports Limited,
that the High Court has issued preservation orders in Nairobi High
Court Miscellaneous Application No. E54 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 E54 OF 2025
IN THE MATTER OF: An Application by the Assets Recovery
Agency for Orders under sections 81
and 82 of The Proceeds of Crime and
Anti-Money Laundering Act
(POCAMLA) As Read With Order 51
Of The Civil Procedure Rules
IN THE MATTER OF: An Application for Preservation Orders
for Motor Vehicle Registration No. KDR
973C Chassis No. AGH30-0161105
BETWEEN
Assets Recovery Agency…………..…………………………Applicant
VERSUS
David Otieno Maira…………..………………………….Respondent
-AND-
Nippon Imports Limited…………………………Interested Party
IN CHAMBERS ON 4TH DECEMBER, 2025
BEFORE HON. JUSTICE BENJAMIN MWIKYA MUSYOKI
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 preservation
orders prohibiting the Respondent and the Interested Party and/or their
employees, agents, servants, or any other persons acting on their
behalf from selling, transferring, or disposing of, or any other dealings
in any manner with motor vehicle registration numbers KDR 973C
Toyota Vellfire Chassis Number AGH30-0161105.
3. THAT the Honourable Court does issue an Order to the
Respondent and the Interested Party to surrender the original logbook
and keys of the motor vehicle specified in prayer 2 above to the
Applicant within 7 days after the service of orders herein.
4. THAT the Honourable Court does issue an order to the
Respondent and the Interested Party to surrender the motor vehicle
specified in prayer 2 above to the custody of the Applicant and be
assembled at the Applicant’s premises at Old Mutual Towers, Upper
Hill, Nairobi.
5. THAT the Honourable Court does issue an order directing the
Director General of the National Transport and Safety Authority to
register caveats against the record of the motor vehicle specified in
prayer 2 above.
6. THAT the Honourable Court makes any other ancillary order it
may deem fit for the proper, fair and effective execution of its orders.
7. THAT costs be provided for.
Ex-Parte;
UPON READING the Application dated 2nd December, 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 2nd December, 2025 and the
annextures thereto;
IT IS HEREBY ORDERED
1. THAT a Preservation Order be and is hereby issued
prohibiting the Respondent and the Interested Party and/or their
employees, agents, servants, or any other persons acting on their
behalf from selling, transferring, or disposing of, or any other dealings
in any manner with motor vehicle registration numbers KDR 973C
Toyota Vellfire Chassis Number AGH30-0161105.
2. THAT an Order be and is hereby issued to the Respondent
and the Interested Party to surrender the original logbook and keys of
the motor vehicle specified in Order 1 above to the Applicant within 7
days after service of orders herein.
3. THAT an Order be and is hereby issued to the Respondent
and the Interested Party to surrender the motor vehicle specified in
Order 1 above to the custody of the Applicant and be assembled at the
Applicant’s premises at Old Mutual Towers, Upper Hill, Nairobi.
4. THAT an Order be and is hereby issued directing the Director
General of the National Transport and Safety Authority to register
caveats against the record of the motor vehicle specified in Order 1
above.
5. THAT no orders as to costs.
GIVEN under my hand and the seal of the Honorable Court this
4th day of December, 2025.
ISSUED at NAIROBI this 4th day of December, 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 8th December, 2025.
MARK OGONJI,
Ag. Director Assets Recovery Agency.
Dated the 8th December, 2025.
MARK OGONJI,
Ag. Director Assets Recovery Agency.
Extracted Entities (1)
previous_gazette_ref
18332
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- Cap. 59A
- Section
- section 83(1)
- Signed By
- MARK OGONJI
- Title
- Ag. Director Assets Recovery Agency
- Date Signed
- 8th December 2025
- Page
- 46
- Extraction Method
- regex
Source Gazette
Vol. CXXVII No. 258
Published 1st February 2025