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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 1391
GAZETTE NOTICE NO. 1391
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—
Alfin Allaudin Alibhai that the High Court has issued preservation orders in Mombasa High Court Miscellaneous Application No. 21 of
2020 as specified in the Schedule hereto.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CIVIL DIVISION
CIVIL MISCELLANEOUS APPLICATION No. 21 of 2020
In the Matter of An Application for Orders under sections 81 and 82 of The Proceeds of Crime and Anti-Money
Laundering Act (POCAMIA) as read together with
Order 51 of the Civil Procedure Rules.
-and-
In the Matter of Preservation Orders for Motor Vehicles Registration
Numbers KCX 111B Mercedes Benz in the name of
Alfin Allaudin Alibhai and KCW 111B Toyota
Mark X, in the name of Anas Motors Limited.
-between-
ASSETS RECOVERY AGENCY APPLICANT
-Versus-
ALFIN ALLAUDIN ALIBHAI .RESPONDENT
ORDER
(IN CHAMBERS BEFORE HON. JUSTICE P. J. 0. OTIENO ON
6TH FEBRUARY, 2020)
UPON READING the Originating Motion dated 5th February, 2020 brought Under Certificate of Urgency under sections 81 and 82 of the proceeds of Crime and Anti- Money Laundering Act and Order 51 rule
I of the Civil Procedure- Rule, and upon reading the Supporting
Affidavit sworn by No. 62652 Isaacs Nakitare and all the annexure attached thereto;
IT IS HEREBY ORDERED
1. THAT Originating Motion dated 6th February, 2020 be and is hereby certified as urgent.
2. THAT a preservation Order be and is hereby issued against the
Respondent and/or her employees. agents or representatives acting on her behalf prohibiting the sale, transfer or disposal off or other dealings with the following motor vehicles:
(a) KCX 111F MERCEDES BENZ.
(b) KCW 111B TOYOTA MARK X.
3. THAT the Respondents be directed to surrender the original logbook of the motor vehicles specified in prayer 2 above to the
Applicant within 7 days herein.
4. 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 each of the motor vehicles specified.
5. THAT the Respondent be and is hereby ordered to surrender the motor vehicles specified in prayer 3 above to the applicant and be held at the Directorate of Criminal Investigations Anti-Narcotics
Mombasa with immediate effect.
Given under my hand and seal of the Honourable Court this 6th day of
February, 2020.
DEPUTY REGISTRAR, High Court of Kenya Mombasa.
Issued at Mombasa this day of
2020.
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 17th February, 2020.
MUTHONI KIMANI, MR/0786558 Director.
Dated the 17th February, 2020.
MUTHONI KIMANI,
Director.
Extracted Entities (3)
case_number
21 of
2020
21 of 2020
previous_gazette_ref
1391
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (1)
- Signed By
- MUTHONI KIMANI
- Title
- Director
- Date Signed
- 17th February 2020
- Page
- 27
- Extraction Method
- regex
Source Gazette
Vol. CXXII No. 34
Published 2nd January 2020