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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 15538
GAZETTE NOTICE NO. 15538
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—
Nancy Indoveria Kigunzu, George Jumba Inguti, Brince Sande
Odanga, Benard Avesa Manase, Judith Makungu and Scholastica
Wambui Kibathi that the High Court has issued preservation orders in
Nairobi High Court Miscellaneous Application No. E57 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 E57 OF 2024
IN THE MATTER OF AN APPLICATION FOR ORDERS UNDER
SECTIONS 81, 82 AND 87 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 JUJA / KALIMONI BLOCK 4/ 311 OWNED
BY NANCY INDOVERIA KIGUNZU AND REGISTERED IN THE
NAME OF GEORGE JUMBA INGUTI.
JUJA/ KALIMONI BLOCK 4/ 312 OWN BY THE NANCY
INDOVERIA KIGUNZU AND REGISTERED IN THE NAME OF
GEORGE JUMBA INGUTI AND SCOLASTICA WAMBUI
KIBATHI.
APARTMENT KNOWN AS GEORGINA APARTMENT
SITUATED AT JUJA- KALIMONI IN KIAMBU COUNTY BUILT
ON JUJA / KALIMONI BLOCK 4/ 311 AND JUJA/ KALIMONI
BLOCK 4/ 312.
PARCEL OF LAND L.R. NUMBER JUJA/KALIMONI BLOCK
4/319 REGISTERED IN THE NAME OF NANCY INDOVERIA
KIGUNZU.
PARCEL OF LAND L.R NO. 5908/8 MEASURING 201.94 HA
FOUND ON FR 323/55 MEASURING APPROXIMATELY 18.53M
IN LENGTH AND 8.30M IN WIDTH RESULTING INTO
APPROXIMATE AREA OF 0.0154 HA REGISTERED IN THE
NAME OF GEORGE JUMBA INGUTI.
PARCEL OF LAND KNOWN AS THIKA PARCEL NUMBER
JUJA/KALIMONI BLOCK 4/326 LOCATED IN JUJA WITHIN
KIAMBU COUNTY REGISTERED IN THE NAME OF NANCY
INDOVERIA KIGUNZU.
A PARCEL OF LAND KNOWN AS JUJA/KALIMONI BLOCK
12/994 LOCATED IN JUJA–KIAMBU COUNTY REGISTERED IN
THE NAME OF GEORGE JUMBA INGUTI.
PARCEL OF LAND KNOWN AS NORTH
MARAGOLI/MBALE/2544 REGISTRY MAP SHEET NUMBER 3
LOCATED WITHIN VIHIGA COUNTY REGISTERED IN THE
NAME OF BENARD AVESA MANASE.
PARCEL OF LAND KNOWN AS NORTH
MARAGOLI/MBALE/2572 REGISTRY MAP SHEET NUMBER 3
LOCATED IN VIHIGA COUNTY REGISTERED IN THE NAME
OF JUDITH MAKUNGU.
A PARCEL OF LAND KNOWN AS NORTH
MARAGOLI/CHAVAKALI/1933 REGISTRY MAP SHEET
NUMBER 7 LOCATED IN VIHIGA COUNTY REGISTERED IN
THE NAME OF BRINCE SANDE ODANGA.
A PARCEL OF LAND NORTH MARAGOLI/MBALE/2593
REGISTRY MAP SHEET NUMBER 3 LOCATED IN VIHIGA
COUNTY REGISTERED IN THE NAME OF BRINCE SANDE
ODANGA.
MOTOR VEHICLE REGISTRATION NUMBER KCR 918B
TOYOTA AXIO REGISTRED NANCY INDOVERIA KIGUNZU.
MOTOR VEHICLE REGISTRATION NUMBER KBQ 268H
TOYOTA STATION WAGON REGISTERED IN THE NAME OF
NANCY INDOVERIA KIGUNZU.
MOTOR VEHICLE REGISTRATION NUMBER KCR 965G
TOYOTA COROLLA REGISTERED IN THE NAME OF GEORGE
JUMBA INGUTI.
BETWEEN
ASSETS RECOVERY AGENCY (APPLICANT)
VERSUS
NANCY INDOVERIA KIGUNZU—(First Respondent)
GEORGE JUMBA INGUTI—(Second Respondent)
BRINCE SANDE ODANGA—(Third Respondent)
BENARD AVESA MANASE—(Fourth Respondent)
22nd November, 2024 THE KENYA GAZETTE
JUDITH MAKUNGU—(Fifth Respondent)
SCHOLASTICA WAMBUI KIBATHI—(Interested Party)
IN CHAMBERS ON 15TH NOVEMBER, 2024
BEFORE HON. LADY JUSTICE B. M. MUSYOKI
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 preservation orders prohibiting the Respondents and/or their employees, agents, servants, representatives or any other persons acting on their behalf from dealing in any manner with the following parcel of land and properties or developments, improvements and structures thereon;
(i) JUJA / KALIMONI BLOCK 4/ 311 owned by Nancy
Indoveria Kigunzu and registered in the name of George
Jumba Inguti.
(ii) JUJA/ KALIMONI BLOCK 4/ 312 own by the Nancy
Indoveria Kigunzu and registered in the name of George
Jumba Inguti and Scolastica Wambui Kibathi.
(iii) Apartment known as Georgina Apartment situated at Juja-
Kalimoni in Kiambu County built on JUJA / KALIMONI
BLOCK 4/ 311 and JUJA/ KALIMONI BLOCK 4/ 312.
(iv) Parcel of Land L.R. Number Juja/Kalimoni Block 4/319 registered in the name of Nancy Indoveria Kigunzu.
(v) Parcel of land L.R No. 5908/8 measuring 201.94 Ha found on
FR 323/55 measuring approximately 18.53m in length and
8.30m in width resulting into approximate area of 0.0154 Ha registered in the name of George Jumba Inguti.
(vi) Parcel of land known as Thika Parcel Number Juja/Kalimoni
Block 4/326 located in Juja within Kiambu County registered in the name of Nancy Indoveria Kigunzu.
(vii) A parcel of land known as Juja/Kalimoni Block 12/994 located in Juja – Kiambu County registered in the name of
George Jumba Inguti.
(viii) Parcel of land known as North Maragoli/Mbale/2544
Registry Map Sheet Number 3 located within Vihiga County registered in the name of Benard Avesa Manase.
(ix) Parcel of land known as North Maragoli/Mbale/2572
Registry Map Sheet Number 3 located in Vihiga County registered in the name of Judith Makungu.
(x) A parcel of land known as North Maragoli/Chavakali/1933
Registry Map Sheet Number 7 located in Vihiga County registered in the name of Brince Sande Odanga.
(xi) A parcel of land North Maragoli/Mbale/2593 Registry Map
Sheet Number 3 located in Vihiga County registered in the name of Brince Sande Odanga.
3. THAT this Honourable Court do issue preservation orders preserving any rental income, benefits, profits accruing from
Apartment known as Georgina Apartment situated at Juja- Kalimoni in
Kiambu County built on JUJA / KALIMONI BLOCK 4/ 311 and
JUJA/ KALIMONI BLOCK 4/ 312 and direct that the same be deposited in the Assets Recovery Agency deposit Account number
1240221339 held at Kenya Commercial Bank, KICC branch pending hearing and determination of the intended forfeiture application.
4. THAT this Honourable Court be pleased to order the
Respondents to surrender the Title/ownership Documents of the properties specified in prayer 2 above.
5. THAT an Order directing the Chief Land Registrar do issue to register a caveat against the records of the properties specified in prayer 2 above.
6. THAT this Honourable Court be pleased to issue a preservation
Order against the Respondents and/or their employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with the following motor vehicles;
(i) Motor vehicle Registration Number KCR 918B Toyota Axio registered in the name of Nancy Indoveria Kigunzu.
(ii) Motor vehicle Registration Number KBQ 268H Toyota
Station Wagon registered in the name of Nancy Indoveria
Kigunzu.
(iii) Motor vehicle Registration Number KCR 965G Toyota
Corolla registered in the name of George Jumba Inguti.
7. THAT the Respondents be directed to surrender the original logbooks of the motor vehicles specified in prayer 6 above to the
Applicant within 7 days herein.
8. THAT an order directing the Director General of National
Transport and Safety Authority to register caveats against the records of each of the motor vehicles specified in order 6 above.
9. THAT the Respondent be ordered to surrender the motor vehicles specified in prayer 6 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot with immediate effect.
10. This Honourable Court be pleased to issue the preservation order in accordance with Section 84 of the Proceeds of Crime and
Anti-money laundering Act.
11. THAT the Honourable Court be pleased to make any other ancillary order it may deem fit for the proper, fair effective execution of its orders
12. THAT costs be provided for.
Ex-Parte;
UPON READING the Originating Motion dated 14th November, 2024 brought under certificate of urgency by Counsel for the Applicant under Sections 81, 82 and 87 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 Benard Gitonga sworn on 14th November, 2024 and the annextures thereto;
IT IS HEREBY ORDERED
1. THAT a Preservation Order be and is hereby issued prohibiting the Respondents and/or their employees, agents, servants, representatives or any other persons acting on their behalf from dealing in any manner with the following parcel of land and properties or developments, improvements and structures thereon;
(i) JUJA / KALIMONI BLOCK 4/ 311 owned by Nancy
Indoveria Kigunzu and registered in the name of George
Jumba Inguti.
(ii) JUJA/ KALIMONI BLOCK 4/ 312 own by the Nancy
Indoveria Kigunzu and registered in the name of George
Jumba Inguti and Scolastica Wambui Kibathi.
(iii) Apartment known as Georgina Apartment situated at Juja-
Kalimoni in Kiambu County built on JUJA / KALIMONI
BLOCK 4/ 311 and JUJA/ KALIMONI BLOCK 4/ 312.
(iv) Parcel of Land L.R. Number Juja/Kalimoni Block 4/319 registered in the name of Nancy Indoveria Kigunzu.
(v) Parcel of land L.R No. 5908/8 measuring 201.94 Ha found on
FR 323/55 measuring approximately 18.53m in length and
8.30m in width resulting into approximate area of 0.0154 Ha registered in the name of George Jumba Inguti.
(vi) Parcel of land known as Thika Parcel Number Juja/Kalimoni
Block 4/326 located in Juja within Kiambu County registered in the name of Nancy Indoveria Kigunzu.
(vii) A parcel of land known as Juja/Kalimoni Block 12/994 located in Juja – Kiambu County registered in the name of
George Jumba Inguti.
(viii) Parcel of land known as North Maragoli/Mbale/2544
Registry Map Sheet Number 3 located within Vihiga County registered in the name of Benard Avesa Manase.
(ix) Parcel of land known as North Maragoli/Mbale/2572
Registry Map Sheet Number 3 located in Vihiga County registered in the name of Judith Makungu.
THE KENYA GAZETTE 22nd November, 2024
(x) A parcel of land known as North Maragoli/Chavakali/1933
Registry Map Sheet Number 7 located in Vihiga County registered in the name of Brince Sande Odanga.
(xi) A parcel of land North Maragoli/Mbale/2593 Registry Map
Sheet Number 3 located in Vihiga County registered in the name of Brince Sande Odanga.
2. THAT a preservation order be and is hereby issued preserving any rental income, benefits, profits accruing from Apartment known as
Georgina Apartment situated at Juja- Kalimoni in Kiambu County built on JUJA / KALIMONI BLOCK 4/ 311 and JUJA/ KALIMONI
BLOCK 4/ 312 and direct that the same be deposited in the Assets
Recovery Agency deposit Account number 1240221339 held at Kenya
Commercial Bank, KICC branch pending hearing and determination of the intended forfeiture application.
3. THAT an order be and is hereby issued to the Respondents to surrender the Title/ownership Documents of the properties specified in order 1 above.
4. THAT an order be and is hereby issued directing the Chief
Land Registrar do issue to register a caveat against the records of the properties specified in order 1 above.
5. THAT a preservation Order be and is hereby issued against the
Respondents and/or their employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with the following motor vehicles;
(i) Motor vehicle Registration Number KCR 918B Toyota Axio registered Nancy Indoveria Kigunzu.
(ii) Motor vehicle Registration Number KBQ 268H Toyota
Station Wagon registered in the name of Nancy Indoveria
Kigunzu.
(iii) Motor vehicle Registration Number KCR 965G Toyota
Corolla registered in the name of George Jumba Inguti.
6. THAT the Respondents be directed to surrender the original logbooks of the motor vehicles specified in order 5 above to the
Applicant within 7 days herein.
7. THAT an order be and is hereby issued directing the Director
General of National Transport and Safety Authority to register caveats against the records of each of the motor vehicles specified in order 5 above.
8. THAT the Respondents be and are hereby ordered to surrender the motor vehicles specified in order 5 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot with immediate effect.
9. THAT the orders shall remain in force for ninety (90) days upon publication on the gazette.
GIVEN under my hand and the seal of the Honorable Court this
15th day of November, 2024.
ISSUED at NAIROBI this 15th 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 1097/24-25 Director.
Dated the 18th November, 2024.
ALICE M. MATE,
PTG 1097/24-25 Director.
Extracted Entities (1)
previous_gazette_ref
15538
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 1097/24-25 Director
- Date Signed
- 18th November 2024
- Page
- 60
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 203
Published 6th March 2024