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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 3192
GAZETTE NOTICE NO. 3192
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—
Hussein Guyo Huka and Mohamed Guyo Dokata that the High
Court has issued preservation orders in Nairobi High Court
Miscellaneous Application No. E007 OF 2024 as specified in the
Schedule hereto:
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION & ECONOMIC CRIMES DIVISION
MISCELLANEOUS APPLICATION NO. E007 OF 2024
IN THE MATTER OF AN APPLICATION FOR ORDERS UNDER
SECTIONS 81, 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 KSHS. 2,680,779.88
HELD AT EQUITY BANK LIMITED KSHS A/C NO.
0410198584651 IN THE NAME OF HUSSEIN GUYO HUKA.
IN THE MATTER OF. PRESERVATION OF MOTOR VEHICLE
OF REGISTRATION NUMBER KDC 011E, LAND CRUISER PICK
UP, IN THE NAME OF HUSSEIN GUYO HUKA.
PRESERVATION OF MOTOR CYCLE REGISTRATION NUMBER
KMFB 091C, DAYUN, GREEN, IN THE NAME OF MOHAMED
GUYO DOKATA.
BETWEEN
ASSETS RECOVERY AGENCY—(Applicant)
VERSUS
HUSSEIN GUYO HUKA—(First Respondent)
MOHAMED GUYO DOKATA—(Second Respondent)
IN CHAMBERS ON 11TH MARCH, 2024
BEFORE HON. LADY JUSTICE E.N. MAINA
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.
15th March, 2024 THE KENYA GAZETTE
2. THAT this Honourable Court do issue Preservation Orders for
Kshs. 2,680,779.88 held in Account Number 0410198584651 domiciled at Equity Bank Limited in the name of Hussein Guyo
Huka.
3. THAT this Honourable Court be pleased to issue a preservation
Order against the Respondents and/or his employees, agents or representatives acting on his behalf prohibiting the sale, transfer or disposing off or other dealings with motor vehicle Registration number KDC 011E, Land Cruiser Pick up.
4. THAT this Honourable Court be pleased to issue a preservation
Order against the Respondents and/or his employees, agents or representatives acting on his behalf prohibiting the sale, transfer or disposing off or other dealings with motor vehicle registration number KDC 011E, Land Cruiser Pick up.
5. THAT this Honourable Court be pleased to issue a preservation
Order against the Respondents and/or his employees, agents or representatives acting on his behalf prohibiting the sale, transfer or disposing off or other dealings with motor cycle registration number KMFB 091C, green Dayun.
6. THAT the Respondents be directed to surrender the original logbooks of the motor vehicle and motor cycle specified in prayer
4 and 5 above to the Applicant within 7 days herein.
7. THAT an order directing the Director General of National
Transport and Safety Authority to register caveats against the records of the motor vehicle and motor cycle specified in order 4 and 5 above.
8. THAT the Respondents be ordered to surrender the motor vehicle and motor cycle specified in prayer 4 and 5 above to the Applicant and be assembled at the Applicant’s premises with immediate effect.
9. THAT the Honourable Court do make any other ancillary orders it may deem fit and necessary for the proper and effective execution of its orders.
10. THAT costs be provided for.
Ex Parte;
UPON READING the Application dated 11th March, 2024 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 11th March, 2024 and the annextures thereto;
IT IS HEREBY ORDERED
1. THAT this application be and is hereby certified urgent.
2. THAT a preservation order be and is hereby issued for Kshs.
2,680,779.88 held in Account Number 0410198584651 domiciled at Equity Bank Limited in the name of HUSSEIN GUYO HUKA.
3. THAT a preservation order be and is hereby issued against the
Respondents and/or their employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with motor vehicle Registration number KDC
011E, Land Cruiser Pick up.
4. THAT a preservation order be and is hereby issued against the
Respondents and/or their employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with motor vehicle Registration number KDC
011E, Land Cruiser Pick up.
5. THAT a preservation order be and is hereby issued against the
Respondents and/or his employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with motor cycle registration number KMFB 091C, green Dayun.
6. THAT the Respondents be and are hereby ordered to surrender the original logbooks of the motor vehicle and motor cycle specified in prayer 4 and 5 to the Applicant within seven (7) days herein.
7. THAT an order be and is hereby issued directing the Director
General of National Transport and Safety Authority to register caveats against the records of the motor vehicle and motor cycle specified in order 4 and 5 above.
8. THAT the Respondents be and are hereby ordered to surrender the motor vehicle and motor cycle specified in prayer 4 and 5 above to the Applicant and be assembled at the Applicant’s premises with immediate effect.
9. THAT the preservation orders shall be for a period of ninety (90) days as provided in Section 84 of the Proceeds of Crime and Anti-
Money Laundering Act (POCAMLA).
10. THAT the orders granted be served upon the Respondents within
21 days as provided in Section 84 of the Proceeds of Crime and
Anti-Money Laundering Act (POCAMLA).
GIVEN under my hand and the seal of the Honorable Court this
11th day of March, 2024.
ISSUED at NAIROBI this 12th day of March, 2024.
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 13th March, 2023.
ALICE M. MATE, PTG 2030/23-24 Director.
Dated the 13th March, 2024.
ALICE M. MATE,
PTG 2030/23-24 Director.
Extracted Entities (1)
previous_gazette_ref
3192
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (1)
- Signed By
- ALICE M. MATE
- Title
- PTG 2030/23-24 Director
- Date Signed
- 13th March 2024
- Page
- 36
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 32
Published 11th January 2024