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GAZETTE NOTICE NO. 7673

GAZETTE NOTICE NO. 7673

THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

(No. 9 of 2009)

REGISTRATION


IN EXERCISE of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Registrar High Court gives notice to: (1) Samuel Wachenje alias Sam Mwandime, (2) Susan Mkiwa Mndanyi, (3) Vandame John (4) Anthony Kihara Gethi, (5) Ndungu John, (6) Gachoka Paul and (7) James Kisingo. THAT the High Court has issued Forfeiture Orders in High Court Miscellaneous Application (Anti-Corruption and Economic Crimes Division) No. 13 of 2016 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES COURT MISCELLANEOUS APPLICATION NO. 13 OF 2016 IN THE MATTER OF: An application by the Assets Recovery Agency for orders under sections 90 and 92 of the Proceeds of Crime and Anti-Money Laundering Act read together with Order 51 of the Civil Procedure Rules for orders of forfeiting the property known as maisonette House at Kasarani L.R. No. 20857/190 and motor vehicles registration number KCE 852T, KCD 536P, KCB 715E and KCE 874R to the Government of Kenya AND IN THE MATTER OF: Maisonette House at Kasarani L.R No. 20857/190 and Plot Number L.R. No. Ruiru, Juja East Block 2/360 and motor vehicles Reg. No. KCE 852T, KCD 536P, KCB 715E AND KCE 874R Between The Assets Recovery Agency………………………………(Applicant) Versus Samuel Wachenje alias Sam Mwandime……………..(1st Respondent) Susan Mkiwa Mndanyi………………………………(2nd Respondent) Vandame John………………………………………..(3rd Respondent) Anthony Kihara Gethi………………………………(4th Respondent) Ndungu John…………………………………………(5th Respondent) Gachoka Paul…………………………………………(6th Respondent) James Kisingo………………………………………..(7th Respondent) IN COURT ON 23RD JULY, 2020 BEFORE HON. LADY JUSTICE MUMBI NGUGI DECREE THIS matter coming up for hearing of the application dated the 12th April, 2016, on the 17th June, 2020, before Honourable Lady Justice Mumbi Ngugi; In the Prescence of Counsel for the applicant and in the absence of counsel for the respondents and upon hearing counsel for the applicant and in the absence for the respondents and whereas this matter coming up for delivery of judgement electronically on 23rd July, 2020, before Hon. Lady Justice Mumbi Ngugi; IT IS HEREBY DECREED: 1. THAT in the Circumstances , the respondent having elected not to present their case and the applicant having established, on a balance of probabilities, that the assets at issue are proceeds of crime , this Court is satisfied that an Order of forfeiture is merited. I accordingly grant the following Orders: (a) THAT the following properties which are proceeds of crime be forfeited to the applicant on behalf of the state: (i) Maisonette House at Kasarani –L.R. No. 20857/190. (ii) Plot L.R. No Ruiru, Juja East Block 2/360. (iii) Motor vehicle Registration Number KCE 852T Toyota Prado. (iv) Motor vehicle Registration Number KCE 874R Toyota Prado. (v) Motor Vehicle Registration Number KCD 536P Toyota Prado. (vi) Motor vehicle Registration Number KCB 715E, Station Wagon Toyota Prado 2. THAT the respondent shall bear the cost of this application. GIVEN Under my Hand and Seal of this Honourable Court on this 23rd July, 2020. LADY JUSTICE MUMBI NGUGI, Issued at Nairobi this 17th August, 2020. DEPUTY REGISTRAR, Anti-Corruption and Economic Crimes Division, High Court of Kenya, Nairobi. Dated the 7th September, 2020. JUDY OMANGE, Registrar, High Court of Kenya. 2nd October, 2020 THE KENYA GAZETTE

Dated the 12th April, 2020.

JUDY OMANGE,

Registrar, High Court of Kenya.

Extracted Entities (7)

case_number

13 OF 2016

previous_gazette_ref

7673

person

Samuel Wachenje alias Sam Mwandime Susan Mkiwa Mndanyi Anthony Kihara Gethi Ndungu John Gachoka Paul

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 92 (5)
Signed By
JUDY OMANGE
Title
Registrar, High Court of Kenya
Date Signed
12th April 2020
Page
96
Extraction Method
regex