GAZETTE NOTICE NO. 549

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— Amina Osman Kabunge, Ibrahim Higa Gina, Mohamed Miyo Duba, Habiba Guyo Chude and Arham Motors Limited, Khushi Motors Limited, Co-operative Bank that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E048 of 2023 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. E48 OF 2023 IN THE MATTER OF: An Application for Orders under sections 81, 82 and 87 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 OFP RESERVATION ORDERS FOR; (a) KSh. 429, 883.19 held in Account No. 0350192187808 at Equity Bank in the name of Livingstone Kiptoo Tanui. (b) KSh. 1,511,782.29 held in Account No. 181852/510msh00/1 Access Bank (Former Transnational Bank) in the name Livingstone Kiptoo Tanui. 154 154 (c) KSh. 852,377.20 held in Account No. 1168650690 Kenya Commercial Bank in the name of Livingstone Kiptoo Tanui. (d) KSh. 135,502.85 held in Account No. 1102077925 Kenya Commercial Bank in the name of Violah Jelagat Butiah. (e) KSh. 1, 918.88 held in Account Number 0300167286473 at Equity Bank in the name of Violah Jelagat Butiah. (f) KSh. 26,693.11 held in Account No. 01105183328000 at Co- operative Bank in the name of L. C (Minor). AND IN THE MATTER OF: Preservation Orders for Land Parcels as follows; (a) 3 Acres out of 18.0 Ha. portion of Land from Land Reference No. Nandi/Ngechek/414, registered in the name of Salina Sugut alias Jemwolo Kobot Kiplamai. (b) 10 Acres out of 27 Ha. portion of land from Land Reference No. Nandi/Ngechek/415, registered in the name of Kipsoimo arap Koech (Deceased). (c) 0.8 Acres out of 13.6 Ha. portion of land from Land Reference No. Nandi/Ngechek/434, registered in the name of Chewok Arap Kibwoen. (d) 3.6 Ha of the Land Reference No. Nandi/Ngechek/446, registered in the name of Kibiengo arap Kipleting (Deceased). (e) 0.8 Points out of 10.2 Ha. of the Land Reference No. Nandi/Ngeckek/447, registered in the name of Jepsongok Kobot Kirwa and Kimeto arap Talam (f) 5.55 Acres out of 16.5 Ha portion of land from Land Reference No. Nandi/Ngechek/448, registered in the name of Maindi arap Kaigoi. (g) 13.8 Ha of the land portion Reference Nandi/Ngechek/449, registered in the name of Wilson Kipleting Kirongo and Kiphosgei arap Kiptot (h) 3.6 Ha of the Land Portion Reference Nandi/Ngechek/453 registered in the name of Livingstone Kiptoo Tanui. (i) 0.10 Ha of the Land Portion Reference Nandi/Ndurio/682 registered in the name of Livingstone Kiptoo Tanui. (j) 1/8 Acre of the Land Portion Reference Nandi/Ndurio/907 registered in the name of Shem Kiplagat arap Bittok. (k) 5 Acres out of 24.92 Ha. Portion of land from Land Reference No. Nandi/Kilibwoni/1544, registered in the name of Busienei arap Maina. (l) 0.09 Ha of the Land Portion Reference Pioneer/Ngeria Block 1(Eatec)/12460, registered in the name of Livingstone Kiptoo Tanui (m) 0.09 Ha of the Land Portion Reference Pioneer/Ngeria Block 1(Eatec)/12461, registered in the name of Livingstone Kiptoo Tanui (n) 0.09 Ha of the Land Portion Reference Pioneer/Ngeria Block 1(Eatec)/12462, registered in the name of Livingstone Kiptoo Tanui (o) 0.092 Ha of the Land Reference L.R. No. Pioneer/Ngeria Block 1(Eatec)/14019, registered in the name of Daniel Kiptanui Chelule (p) 0.092 Ha of The Land Reference L.R. No. Pioneer/Ngeria Block 1(Eatec)/14020, registered in the name of Daniel Kiptanui Chelule (q) 0.092 Ha of the Land Reference L.R. No. Pioneer/Ngeria Block 1(Eatec)/1402, registered in the Name of Daniel Kiptanui Chelule (r) 0.092 Ha of the Land Reference L.R. No. Pioneer/Ngeria Block 1(Eatec)/14034, registered in the name of Daniel Kiptanui Chelule (s) Parcel of Land Reference 1 (Eatca)/1268 in the name of Violah Jelagat Butiah IN THE MATTER OF: Preservation Orders for; (a) Motor Vehicle Registration No. KCB 478J, Subaru Outback, Station Wagon, Chassis/Frame No. BP9051864, Engine No. EJ250234752. (b) Farm Tractor Registration No. KTCB 449T, Wheel Tractor, Chassis/Frame No. 1652817, Engine No. YM15148387. (c) Farm Tractor Registration No. KTCB 448T, Wheel Tractor, Chassis/ Frame No. 1652820, Engine No. YM15148393. BETWEEN Assets Recovery Agency……………………………………..Applicant VERSUS Livingstone Kiptoo Tanui ……………………………1st Respondent Violah Jelegat Butiah (being sued on behalf of himself and as a next friend of L. C.) (Minor)……………………………….2nd Respondent Daniel Kiptanui Chelule……………………………….3rd Respondent AND Salina Sugut alias Jemwolo Kobot Kiplamui……1st Interested Party Peter Kimutai Tuwei and David Kipkosgei Soimo as Administrators of the Estate of Kisoimo arap Koech (Deceased)...2nd Interested Party Chewok arap Kibwoen……………………………3rd Interested Party Chepngok Kiprop Partick.……………………….4th Interested Party Jepkemboi Leting Being Sued as the Administrator of the Estate of the Late Kibiengo arap Kipleting……………………5th Interested Party Johana Kipleting Kosgei…….…………………..6th Interested Party Administrator of the Estate of the late Kibiengo arap Kipleting………………………………………….7th Interested Party Administrators of the estate of the late Jepsongok Kobotkirwa and the late Limeto arap Talam ………………………….8th Interested Party David Kipchumba Kogo ………………………..9th Interested Party Administrator of the estate of Maindi arap Kaigoi10th Interested Party Johana Kipleting Kosgei ………………………11th Interested Party Kipkosgei arap Kiptot…………………………12th Interested Party Wilson Kipleting Kirongo……………………….13th Interested Party Administrator of the Estate of the late Shem Kiplagat arap Bittok ……………………………………………………14th Interested Party Joseph Kipkoech Tanui ………………………….15th Interested Party Busienei Arap Maina ……………………………16th Interested Party IN CHAMBERS ON 20TH DECEMBER, 2023 BEFORE HON. LADY JUSTICE E. N. MAINA ORDER Claims for 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 Order prohibiting the Respondents, the Interested parties and /or, employees, agents, servants or any persons acting on their behalf from transacting, transferring and/or dealing in any manner with funds held in the following bank account; (a) KSh. 429, 883.19 in Account No. 0350192187808 held at Equity Bank in the name of the name of the 1st Respondent, Livingstone Kiptoo Tanui. (b) KSh. 1, 511,782.29 held in Account No. Access (Former Transnational) 181852/510MSH00/1 in the name of Livingstone Kiptoo Tanui. 19th January, 2024 THE KENYA GAZETTE (c) KSh. 852,377.20 held in Account No. 1168650690, held at KCB Bank in the name of the name of the Livingstone Kiptoo Tanui. (d) KSh. 135, 502.85 held in Account No. 1102077925, held at KCB Bank in the name of the name of Violah Jelagat Butiah. (e) KSh. 1, 918.88 held in Account No. 0300167286473 at Equity Bank in the name of Violah Jelagat Butiah. (f) KSh. 26,693.11 held in Account No. 011051833328000 at Co-operative bank in the name of L. C (Minor) 3. THAT this Honourable Court be pleased to issue a Preservation Order prohibiting the Respondents and /or the Interested Parties, their employees, agents or representatives and/or Interested Parties acting on their behalf from selling/charging/mortgaging/transferring and any other dealings in any manner with the following properties/assets or developments, improvements thereon; (a) Nandi/Ngechek/414 in Nandi County (b) Nandi/Ngechek/415 in Nandi County (c) Nandi/Ngechek/434 in Nandi County (d) Nandi/Ngechek/446 in Nandi County (e) Nandi/Ngechek/447 in Nandi County (f) Nandi/Ngechek/448 in Nandi County (g) Nandi/Ngechek/449 in Nandi County (h) Nandi/Ndurio/682 in Nandi County (i) Nandi/Ndurio/907 in Nandi County (j) Nandi/Kilibwoni/1544 in Nandi County (k) Pioneer/Ngeria/12460 in Uasin Gishu (l) Pioneer/Ngeria/12461 in Uasin Gishu (m) Pioneer/Ngeria/12462 in Uasin Gishu County (n) Pioneer/Ngeria/14019, 14020, 14021 & 14034 in Uasin Gishu County (o) 1EATCA/1268 in Uasin Gishu County 4. THAT the honourable court be pleased to issue an order to the Chief Land Registrars at the respective Land Registries to place a caveat against the suit land parcels specified in prayer 3. 5. THAT this Honourable Court be pleased to issue preservation orders prohibiting the Respondents, and/or their employees, agents, servants, representatives or any other persons acting on their behalf from selling, charging, mortgaging, transferring, disposing or any other dealing in any other manner with; (a) Motor vehicle registration No. KCB 478J, Subaru Outback, Station Wagon, Chassis/Frame Number BP9051864, Engine Number EJ250234752; (b) Farm Tractor Registration No. KTCB 449T, Wheel Tractor, Chassis/Frame Number 1652817, Engine Number YM15148387 (c) Farm Tractor Registration No. KTCB 448T, Wheel Tractor, Chassis/ Frame Number 1652820, Engine Number YM15148393 6. THAT an order directing the Director-General of the National Transport and Safety Authority to register a caveat against the record of the motor vehicle and farm tractor specified in order 5 above. 7. THAT the Respondents be directed to surrender the motor vehicle registration KCB 478J, Subaru Outback, Station Wagon and Farm Tractors Registration Nos. KTCB 449T and KTCB 448T Wheel Tractors to the custody of the Applicant within 7 days herein. 8. THAT the Respondents be directed to surrender the original logbook of the motor vehicle registration numbers KCB 478J, Subaru Outback, Station Wagon and Farm Tractor Registration No. KTCB 449T and KTCB 448T Wheel Tractors to the Applicant within 7 days herein. 9. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair effective execution of these orders. Exparte; UPON READING the Originating Motion dated the 19th December, 2023, brought under Certificate of Urgency, presented to this Honourable Court by Counsel for the Applicant under Sections 81, 82, 87 and 131 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 of the Civil Procedure Rules, and all other enabling provisions of the law and upon reading the Supporting Affidavit of Isaac Nakitare and all the annexures thereto: - IT IS HEREBY ORDERED: - 1. THAT a Preservation order be and is hereby issued prohibiting the Respondents, the Interested parties and /or, employees, agents, servants or any persons acting on their behalf from transacting, transferring and/or dealing in any manner with funds held in the following bank account; (a) KSh. 429, 883.19 in Account No. 0350192187808 held at Equity Bank in the name of the name of the 1st Respondent, Livingstone Kiptoo Tanui. (b) KSh. 1, 511,782.29 held in Account No. Access (Former Transnational) 181852/510MSH00/1 in the name of Livingstone Kiptoo Tanui. (c) KSh. 852,377.20 held in Account No. 1168650690, held at KCB Bank in the name of the name of the Livingstone Kiptoo Tanui. (d) KSh. 135, 502.85 held in Account No. 1102077925, held at KCB Bank in the name of the name of Violah Jelagat Butiah. (e) KSh. 1, 918.88 held in Account No. 0300167286473 at Equity Bank in the name of Violah Jelagat Butiah. (f) KSh. 26,693.11 held in Account No. 011051833328000 at Co-operative bank in the name of L. C (Minor) 2. THAT a Preservation order be and is hereby issued prohibiting the Respondents and or his employees, agents or representatives and/or Interested Parties acting on their behalf from selling/charging/mortgaging/transferring and any other dealings in any manner with the following properties/assets or developments, improvements thereon; (a) Nandi/Ngechek/414 in Nandi County (b) Nandi/Ngechek/415 in Nandi County (c) Nandi/Ngechek/434 in Nandi County (d) Nandi/Ngechek/446 in Nandi County (e) Nandi/Ngechek/447 in Nandi County (f) Nandi/Ngechek/448 in Nandi County (g) Nandi/Ngechek/449 in Nandi County (h) Nandi/Ndurio/682 in Nandi County (i) Nandi/Ndurio/907 in Nandi County (j) Nandi/Kilibwoni/1544 in Nandi County (k) Pioneer/Ngeria/12460 in Uasin Gishu (l) Pioneer/Ngeria/12461 in Uasin Gishu (m) Pioneer/Ngeria/12462 in Uasin Gishu County (n) Pioneer/Ngeria/14019, 14020, 14021 and 14034 in Uasin Gishu County (o) 1EATCA/1268 in Uasin Gishu County 3. THAT an order be and is hereby issued to the Chief Land Registrars at the respective Land Registries to place a caveat against the suit land parcels specified in order 2. 156 156 4. THAT preservation orders be and are hereby issued prohibiting the Respondents, and/or their employees, agents, servants, representatives or any other persons acting on their behalf from selling, charging, mortgaging, transferring, disposing or any other dealing in any other manner with; (a) Motor vehicle registration number KCB 478J, Subaru Outback, Station Wagon, Chassis/Frame Number BP9051864, Engine Number EJ250234752; (b) Farm Tractor Registration Number KTCB 449T, Wheel Tractor, Chassis/Frame Number 1652817, Engine Number YM15148387 (c) Farm Tractor Registration Number KTCB 448T, Wheel Tractor, Chassis/ Frame Number 1652820, Engine Number YM15148393 5. 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 record of the motor vehicle and farm tractor specified in order 4 above. 6. THAT the Respondents be and are hereby directed to surrender the motor vehicle registration KCB 478J, Subaru Outback, Station Wagon and Farm Tractors Registration Numbers KTCB 449T and KTCB 448T Wheel Tractors to the custody of the Applicant within seven (7) days herein. 7. THAT the Respondents be and are hereby directed to surrender the original logbook of the motor vehicle registration numbers KCB 478J, Subaru Outback, Station Wagon and Farm Tractor Registration No. KTCB 449T and KTCB 448T Wheel Tractors to the Applicant within seven (7) days herein. 8. THAT the Preservation orders shall be for a period of ninety (90) days as provided in section 84 of the POCAMLA. GIVEN under my hand and the seal of this Honourable Court this 20th day of December, 2023. ISSUED at NAIROBI this 21st day of December, 2023. DEPUTY REGISTRAR, High Court, Anti-Corruption and Economic Crimes Division. PENAL NOTICE Take notice that if you, the above-named respondents/interested parties 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 22nd December, 2023. ALICE M. MATE, PTG1351/23-24 Director.