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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)

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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