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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 15537
GAZETTE NOTICE NO. 15537
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—
James Maina Ngatia, Margaret Agola Oyoo and Acme Wanji
Investments Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E54 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 E54 OF 2024
IN THE MATTER OF AN APPLICATION BY THE ASSETS
RECOVERY AGENCY 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
IN THE MATTER OF PRESERVATION OF FUNDS HELD IN
ACCOUNT NUMBER A/C NO. 03103686906150 AT I & M
BANK IN THE NAME OF JAMES MAINA NGATIA
ACCOUNT NUMBER NO. 015000010518 AT FAMILY
BANK IN THE NAME OF MARGARET AGOLA OYOO, 2ND RESPONDENT
ACCOUNT NUMBER A/C NO. 1252565194 AT KCB BANK
IN THE NAME OF ACME WANJI INVESTMENTS LIMITED
BETWEEN
ASSETS RECOVERY AGENCY—(Applicant)
VERSUS
JAMES MAINA NGATIA—(First Respondent)
MARGARET AGOLA OYOO—(Second Respondent)
AND
ACME WANJI INVESTMENTS LIMITED—(Interested Party)
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 do issue Preservation Orders prohibiting the Respondents and the Interested Party or his/her/its representatives, employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following account;
(a) ACCOUNT NUMBER NO. 03103686906150 AT I & M
BANK IN THE NAME OF JAMES MAINA NGATIA, 1ST
RESPONDENT
(b) ACCOUNT NUMBER NO. 015000010518 AT FAMILY
BANK IN THE NAME OF MARGARET AGOLA OYOO, 2ND RESPONDENT
(c) KSHS. 2,500,000.00 HELD IN ACCOUNT NUMBER NO.
1252565194 AT KCB BANK IN THE NAME OF ACME
WANJI INVESTMENTS LIMITED, INTERESTED
PARTY.
3. THAT the Honourable Court do issue a Preservation Order prohibiting the Respondents and the Interested Party his/her/its employees, agents, servants or any other persons acting on its behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the bank accounts specified in prayer 2 above.
4. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair, effective execution of its orders.
THE KENYA GAZETTE 22nd November, 2024
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 CPL. Isaac Nakitare sworn on 6th
November, 2024 and the annextures thereto;
IT IS HEREBY ORDERED
1. THAT a Preservation Order be and is hereby issued prohibiting the Respondents and the Interested Party or their representatives, employees, agents or anyone acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following account;
(a) ACCOUNT NUMBER NO. 03103686906150 AT I & M
BANK IN THE NAME OF JAMES MAINA NGATIA, 1ST
RESPONDENT.
(b) ACCOUNT NUMBER NO. 015000010518 AT FAMILY
BANK IN THE NAME OF MARGARET AGOLA OYOO, 2ND RESPONDENT.
(c) KSHS. 2,500,000.00 HELD IN ACCOUNT NUMBER NO.
1252565194 AT KCB BANK IN THE NAME OF ACME
WANJI INVESTMENTS LIMITED, INTERESTED
PARTY.
2. THAT the preservation order shall be for a duration of ninety
(90) days as provided under Section 84 of the Proceeds of Crime and
Anti-Money Laundering Act.
3. THAT the Preservation Order shall be served upon the
Respondents and Interested Party within twenty-one (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 11th 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 1100/24-25 Director.
Dated the 18th November, 2024.
ALICE M. MATE,
PTG 1100/24-25 Director.
Extracted Entities (1)
previous_gazette_ref
15537
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 1100/24-25 Director
- Date Signed
- 18th November 2024
- Page
- 59
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 203
Published 6th March 2024