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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 15536
GAZETTE NOTICE NO. 15536
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, the Agency
Director gives notice to—
Esther Wambui Wachira that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application
No. E55 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 E055 OF 2024
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 MOTOR VEHICLE REGISTRATION
NUMBER KDH 690D CHASSIS NUMBER 21MBAIM400960831
NISSAN NOTE REGISTERED IN THE NAME OF ESTHER
WAMBUI WACHIRA;
BETWEEN
ASSETS RECOVERY AGENCY–(Applicant)
VERSUS
ESTHER WAMBUI WACHIRA—(Respondent)
IN CHAMBERS ON 7TH NOVEMBER, 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.
2. THAT this Honourable Court be pleased to issue a preservation
Order restraining the Respondent her employees, agents and/or representatives acting on her behalf, prohibiting the sale, transfer or disposing off or other dealings with the motor vehicle registration numbers KDH 690D Chassis Number 21MBAIM400960831 Nissan
Note registered in the name of Esther Wambui Wachira.
3. THAT the Respondent be directed to surrender the original logbooks of the motor vehicles specified in prayer 2 above to the
Applicant within 7 days.
22nd November, 2024 THE KENYA GAZETTE
4. THAT an order be issued directing the Director General of
National Transport and Safety Authority to register caveat against the records of the motor vehicles specified in order 2 above.
5. THAT the Respondent be ordered to surrender the motor vehicle specified in prayer 2 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot within seven (7) days.
6. 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.
7. THAT costs be provided for.
Ex-Parte;
UPON READING the Originating Motion dated 6th November, 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 Martin Samburumo sworn on 6th
November, 2024 and the annextures thereto;
IT IS HEREBY ORDERED
1. THAT a Preservation Order be and is hereby issued restraining the Respondent, her employees, agents and/or representatives acting on her behalf, prohibiting the sale, transfer or disposing off or other dealings with the motor vehicle registration numbers KDH 690D
Chassis Number 21MBAIM400960831 Nissan Note registered in the name of Esther Wambui Wachira.
2. THAT the Respondent be and is hereby directed to surrender the original logbook of the motor vehicle specified in Order 1 above to the Applicant within 7 days.
3. 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 order 1 above.
4. THAT the Respondent be and is hereby ordered to surrender the motor vehicle specified in order 1 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot within 7 days.
5. THAT the preservation order shall be for a duration of ninety
(90) days as provided in Section 84 of the Proceeds of Crime and Anti-
Money Laundering Act.
6. THAT the preservation order shall be served upon the
Respondent within 21 days of today’s date (7th November 2024).
GIVEN under my hand and the seal of the Honorable Court this
7th day of November, 2024.
ISSUED at NAIROBI this 8th day of November, 2024.
DEPUTY REGISTRAR
HIGH COURT
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
NAIROBI
PENAL NOTICE
Take notice that if you, the above-named respondent 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 (6) months.
Dated the 18th November, 2024.
ALICE M. MATE, PTG 1098/24-25 Director.
Dated the 18th November, 2024.
ALICE M. MATE,
PTG 1098/24-25 Director.
Extracted Entities (1)
previous_gazette_ref
15536
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 1098/24-25 Director
- Date Signed
- 18th November 2024
- Page
- 58
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 203
Published 6th March 2024