GAZETTE NOTICE NO. 4662

IN EXERCISE of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Registrar High Court gives notice to: (a) Elosy Kendi Mutwiri (b) Felix Mutwiri Muthamia (c) Situ Investments Limited (d) NCBA Bank Limited THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and economic crimes Division) Application No. E13 of 2023 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION ACEC SUIT NO. E13 OF 2023 ASSETS RECOVERY AGENCY……………..…. Applicant -VERSUS- ELOSY KENDI MUTWIRI ………………… 1st Respondent FELIX MUTWIRI MUTHAMIA ….…….....2nd Respondent AND SITU INVESTMENTS LIMITED……1st Interested Party NCBA BANK LIMITED ……………2nd Interested Party DECREE CLAIM FOR IN THE APPLICATION: 1. THAT this court be pleased to declare the motor vehicles KCP 336B and KDC 183M proceeds of crime and therefore liable for forfeiture to the Government of Kenya. 2. THAT an order for forfeiture of the motor vehicles do issue. 3. THAT costs be provided for. THIS MATTER coming up for Judgment on 20th March, 2024 before Lady Justice E. N. Maina for Application dated 9th June, 2023 brought by the Counsel for the Applicant under sections 90, 92 and 131 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 Rule 1 of the civil procedure Rules. in the presence of 1st and 2nd Respondents in person and Counsels for the Applicant, 1st and 2nd Interested Parties. and upon reading the submissions filed by the Counsel for the Applicant, Respondents and Interested Party. IT IS HEREBY DECREED: 1. THAT the motor vehicles KCP 336B and KDC 183M be and are hereby forfeited to the Government of Kenya. 2. THAT the costs of the Applicant and Interested Parties shall be borne by the Respondents. GIVEN under my Hand and the Seal of this Honorable Court this 20th day of March, 2024. ISSUED at Nairobi this 28th day of March 2024 HON. ADELAIDE SISENDA, Deputy Registrar, High Court of Kenya, Anti-Corruption & Economic Crimes Division, Nairobi. Dated the 12th April, 2024. CLARA OTIENO-OMONDI, Registrar, High Court of Kenya.