GAZETTE NOTICE NO. 551

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. E47 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. E47 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. KDC 352K, KDB 494U, KBV 827J, KCX 790W and KCV 942F BETWEEN Assets Recovery Agency…………………………………….Applicant VERSUS- Amina Osman Kabunge……………………………….1st Respondent Ibrahim Higa Gina…………………………………….2nd Respondent Mohamed Miyo Duba…………………………………3rd Respondent Habiba Guyo Chude……………………………………4th Respondent And Arham Motors Limited…………………………….1st Interested Party Khushi Motors Limited…………………………2nd Interested Party Co-operative Bank……………………………….3rd Interested Party IN CHAMBERS ON 14TH 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 preservation orders prohibiting the Respondent and/or his employees, agents, servants or any other persons acting on his behalf from the selling, transferring or disposing off or any other dealings in any manner with following motor vehicle registration numbers; (a) KDC 352K Toyota Harrier and KCX 790W Chevrolet both registered in the name of Amina Osman Kabunge; (b) KDB 494U Toyota Vitz registered in the name of Khushi Motors Limited; (c) KBV 827J Toyota Allex registered in the name of Arham Motors Limited and; (d) KCV 942F BMW registered in the name of Habiba Guyo Chude. 3. THAT the Honourable Court do issue an Order to the Respondents to surrender the original logbook of the motor vehicles specified in prayer 2 above to the Applicant within 7 days after the service of orders herein. 4. THAT the Honourable Court do issue an order to the Respondents to surrender the motor vehicles specified in prayer 2 above to the custody of the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers. 5. THAT an order directing the Director General of National Transport and Safety Authority to register a caveat against the records of the motor vehicles specified in prayer 2 above. 6. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair effective execution of its orders. 7. THAT costs be provided for. Exparte; UPON READING the originating motion dated the 13th December, 2023 brought under Certificate of Urgency, presented to this Honourable 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 preservation orders be and is hereby issued prohibiting the Respondents, interested parties and/or their employees, agents, servants or any other persons acting on their behalf from the selling, transferring or disposing off or any other dealings in any manner with following motor vehicle registration numbers; (a) KDC 352K Toyota Harrier and KCX 790W Chevrolet both registered in the name of Amina Osman Kabunge; (b) KDB 494U Toyota Vitz registered in the name of Khushi Motors Limited; (c) KBV 827J Toyota Allex registered in the name of Arham Motors Limited and; (d) KCV 942F BMW registered in the name of Habiba Guyo Chude. 2. THAT the Respondents be and hereby ordered to surrender the original logbook of the motor vehicles specified in prayer 2 above to the Applicant within 7 days after the service of orders herein. 3. THAT the Respondents be and are hereby ordered to surrender the motor vehicles specified in prayer 2 above to the custody of the 158 158 Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers. 4. THAT an order be and is hereby issued directing the Director General of National Transport and Safety Authority to register a caveat against the records of the motor vehicles specified in prayer 2 above. 5. 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. 6. THAT the orders be served upon the Respondents and the Interested Parties within twenty-one (21) days of today’s date (14/12/2023). GIVEN under my hand and the seal of this Honourable Court this 14th day of December, 2023. ISSUED at NAIROBI this 15th 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 20th December, 2023. ALICE M. MATE, PTG1339/23-24 Director.