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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 15007
GAZETTE NOTICE NO. 15007
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— Nancy Wanjiku Munyota, NCBA Bank, Mahiga Homes Limited, Andrew Mbaka Omwenga and Luckstar
Enterprises Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E52 of 2024 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. E52 OF 2024
Assets Recovery Agency ----------------------------------------- Applicant
-VERSUS-
Nancy Wanjiku Munyota ---------------------------------- 1st Respondent
NCBA Bank -------------------------------------------- 1st Interested Party
Mahiga Homes Limited ------------------------------ 2nd Interested Party
Andrew Mbaka Omwenga --------------------------- 3rd Interested Party
Luckstar Enterprises Limited ------------------------ 4th Interested Party
ORDER
IN CHAMBERS ON 28TH OCTOBER, 2024
BEFORE HON. LADY JUSTICE E. N. MAINA
UPON CONISDERATION of the Application dated 23rd October, 2024 brought by way of Certificate of Urgency under sections 81 and
82 of the Proceeds of Crime and Anti-Money Laundering Act, 2009, Order 51 Rule 1 of the Civil Procedure Rules AND UPON reading the affidavit in support of the motion by Martin Samburumo, IT IS HEREBY ORDERED AS FOLLOWS, 1. THAT an order be and is hereby issued for preservation and seizure prohibiting the Respondents and/or her employees, agents, servants, or any other persons acting on her behalf from selling, transferring, or disposing of any manner with motor vehicle registration number KCZ 742J Toyota Rav 4 chassis number ACA31-
5055274.
2. THAT an order be and is hereby issued for preservation and seizure prohibiting the Respondent and the 4th Interested Party and/or her employees, agents, servants, or any other persons acting on her behalf from selling, transferring, morgaging, encumbering or disposing of or charging and interfering with the ownership or any other dealings in respect of Apartment No. A23 Block A5th Floor on IR 27253, LR
27253/23 with one (1) Parking Bay.
3. THAT an order be and is hereby issued for preservation and seizure prohibiting the Respondent and the 4th Interested Party and/or her employees, agents, servants, or any other persons acting on her behalf from selling, transferring, morgaging, encumbering or disposing of or charging and interfering with the ownership or any other dealings in respect of Longonot/Kijabe Block 1/603 (ERERI)
Plot No. 36.
4. THAT an order be and is hereby issued for preservation and seizure prohibiting the Respondent and the 4th Interested Party and/or her employees, agents, servants, or any other persons acting on her behalf from selling, transferring, morgaging, encumbering or disposing of or charging and interfering with the ownership or any other dealings in respect of House No. 50 Rock Gardens 2 Estate on
283181/2244 Ruiru.
5. THAT an order be and is hereby issued to the Respondent to surrender the original logbook and ignition keys of the motor vehicle specified in order 1 above to the Applicant within 7 days after the service of orders herein.
6. THAT an order be and is hereby issued for to the Respondent to surrender the motor vehicle specified in order 1 above to the custody of the Applicant and be assembled at the applicant’s premises at UAP OLD Mutual Towers.
7. THAT an order be and is hereby issued directing the Director
General, National Transport and Safety Authority to register a caveat against the records of motor vehicle specified in order 1 above.
THE KENYA GAZETTE 15th November, 2024
8. THAT an order be and is hereby issued preserving all that income/rental income accruing from the developments on the parcels of land or units in order 2 above and direct that all such income be paid to the Applicant’s bank accounts.
9. THAT an order be and is hereby issued directing the Chief
Land Registar to register a restriction on the suit land parcel in order 3 above.
10. THAT the preservation order shall be for a duration of ninety
(90) days as stipulated in section 84 of the Proceeds of Crime and
Anti-Money Laundering Act.
11. THAT the Assets Recovery Agency shall, within 21 days of making this order, serve it upon the Respondent and any other person(s) that may be interested in the property(ies) which have been preserved.
Given under my hand and the seal of the Court this 28th day of
October, 2024.
DEPUTY REGISTRAR, High Court of Kenya Anti-Corruption, and Economic Crimes Division, Nairobi.
PENAL NOTICE
Take notice that if you, the above named respondnets 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 4th November, 2024.
ALICE M. MATE, PTG No. 984/24-25 Director.
Dated the 4th November, 2024.
ALICE M. MATE,
PTG No. 984/24-25 Director.
Extracted Entities (1)
previous_gazette_ref
15007
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 No. 984/24-25 Director
- Date Signed
- 4th November 2024
- Page
- 45
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 197
Published 4th June 2024