GAZETTE NOTICE NO. 550

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— Mohammed Hassan Kini and Al Alyaan Motors Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E43 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. E43 OF 2023 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 Orders for: Motor Vehicle Registration No. KCV 894V, Daihatsu, Station Wagon, Chassis Number LA300S- 0008831, Engine No. KF-F983250 BETWEEN Assets Recovery Agency……………………………………..Applicant VERSUS Mohammed Hassan Kini……...............................................Respondent AND Al Alyaan Motors Limited……………………………Interested Party IN CHAMBERS ON 7TH 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 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, representatives or any other persons acting on their behalf from selling, transferring, disposing or any other dealing in any other manner with Motor vehicle registration number KCV 894V, Daihatsu, Station Wagon, Chassis No. LA300S-0008831, Engine No. KF-F983250 registered in the name of Al Alyaan Motors Limited. 3. THAT the Respondent and/or the Interested Party be directed to surrender the motor vehicle registration KCV 894V, Daihatsu, Station Wagon to the custody of the Applicant within 7 days herein. 4. THAT the Interested Party be directed to surrender the original logbook of the motor vehicle KCV 894V, Daihatsu, Station Wagon to the Applicant within 7 days herein. 5. 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 specified in order 2 above. 6. 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 6th December, 2023 brought under Certificate of Urgency, presented to this Honorable Court by Counsel for the Applicant under sections 81 and 82 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 this Application be and is hereby certified urgent. 2. THAT preservation orders and seizure be and are hereby issued prohibiting the Respondent and the Interested Party and/or their employees, agents, servants, representatives or any other persons acting on their behalf from selling, transferring, disposing or any other dealing in any other manner with Motor vehicle registration number KCV 894V, Daihatsu, Station Wagon, Chassis No. LA300S-0008831, Engine No. KF-F983250 registered in the name of Al Alyaan Motors Limited. 3. THAT the Respondent and/or the Interested Party be directed to surrender the motor vehicle registration KCV 894V, Daihatsu, Station Wagon to the custody of the Applicant within 7 days herein. 4. THAT the Interested Party be directed to surrender the original logbook of the motor vehicle KCV 894V, Daihatsu, Station Wagon to the Applicant within 7 days herein. 19th January, 2024 THE KENYA GAZETTE 5. 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 specified in order 2 above. 6. THAT the orders herein be served upon the Respondent and the Interested Party within twenty-one (21) days. 7. THAT the preservation orders shall be for a period of ninety (90) days as provided for in Section 84 of the Proceeds of Crime and Anti-Money Laundering Act. GIVEN under my hand and the seal of this Honourable Court this 7th day of December, 2023. ISSUED at NAIROBI this 8th 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 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 20th December, 2023. ALICE M. MATE, PTG1339/23-24 Director.