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GAZETTE NOTICE NO. 53

GAZETTE NOTICE NO. 53

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— Group Elykia Limited and 3 OTHERS that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application NO. E046 of 2021 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. E46 OF 2021 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: Preservation Orders for Funds Held in Bank Accounts in Following Bank Accounts; • USD. 1,747, 105.15 held in Account No. 0100006828528 at Stanbic Bank Limited in the name of Group Elykia Limited • USD. 305,950.87 held in Account No. 0100005345841 at Stanbic Bank Limited in the name of Jean-Paul Tshikangu Musangu • USD. 488, 423.25 held in Account No. 0100005345914 at Stanbic Bank Limited in the name of Venan Ma-Mabiala Mabiala AND In the Matter of: Motor Vehicle Registration Number KDE 033S Registered in the Name of Car Warehouse Limited BETWEEN ASSETS RECOVERY AGENCY—(1st Applicant) VERSUS GROUP ELYKIA LIMITED— (1st Respondent) Member Name ID No. Position Weldon Kiprop 33638271 Member Betty Langat 1 1242503 Member Sachangwan Health Centre Samuel Sitienei 12745463 Chairman Facility i/c 14580440 Secretaa Milka W. Mwangi 24924668 Treasurer Julius Onyanja 304435 Member Benjamin Kimani 11828764 Member Alice Ndungwa 9126455 Member Robert Kipkoech 24445140 Member Silvanus Mosota 96924 Member Mwangi Michuki Dispensary John Ndungu 3418812 Chairman Facility i/c 32461405 Secretary Treasurer Jane Njambi 11009718 Grace Wambui l 1153104 Member Isaac Wamugi 7026962 Member Simon N.an • a 6438633 Member Peter Kimani 32340771 Member Peter Kimondo 2327737 Member Peter N:an:a Ka.o 7534805 Member Arimi Dispensary Christo.her Maina 9126972 Chairman Facility i/c 24671279 Secretary Treasurer Mary Wachera 5768138 Samwel Mwangi 7917109 Member John Njoroge 30499948 Member Veronicah Wangari 10272053 Member John Chege 263374 Member Marioshoni Dispensary , Isaac Ruto 24195785 Chairman Beatrice Cheptanui 8547973 Treasurer Facility i/c 25204191 Secretary David Rotich 30362036 Member Richard Mwangila 20779874 Member Margaret Namunge 98321 18 Member Rose Chelangat 33457560 Member 1 Tabitha Kibilo 3638149 Member Nyakiambi Dispensary David Wainaina 8948776 Chairman Peter Kamau 10774799 Vice Chainnan Rebecca Wanjiru 22571081 ' Treasurer Jane Kamau 28362800 i Secretary Member Member Miriam Njeri 22170130 Shadrack Njoroge 12744471 John N ige 20529601 Mamber Mona Dispensary Peter NAia Karaja 4275738 _j Chairman Eunice Kagia 22596981 27010303 1Secretary Susan Wangari Treasurer Joseph Mur_aya 6366995 Member Francis Kamando 741419 Member Peter Muciri 26727032 Member Penis Wangeci 30034192 Member Peter Rugambi 3623003 Member Jane Wanjiru 8554704 Member Mukorombosi H/C John Wachira 8546546 Chairman Lucy Maina 27311790 Treasurer Stephen Gacheru 22816511 Secretary John Kabiru 2940026 Member Everlyn Omosa 13327154 Member Mary Njoki 1032436 Member Evans Kimani 21253778 Member Ernest Mwangi 248366021 Member Wairimu Kanyiri 7917180 Member Kapsita Dispensary Peter Gikonyo 11827664 Chairman Grace Nyanchama Treasurer Eunice Mumbi 28587204 Secretary Mercy Kuria 32997069 Member 7th January, 2022 THE KENYA GAZETTE JEAN-PAUL TSHIKANGU MUSANGU—(2nd Respondent) VENAN MA-MABIALA MABIALA— (3rd Respondent) CAR WAREHOUSE LIMITED—(Interested Party) ORDER THIS matter is coming up before Honorable Lady Justice E. Maim on the 20th December, 2021, for directions of Originating Motion dated the 20th December, 2021 brought 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 other enabling provisions of the law and upon reading the supporting affidavit of No. 75821 Cpl. Sautet Jeremiah Matipei and annexures thereof: - Exparte IT IS HEREBY ORDERED: 1. THAT Preservation Orders be and are hereby issued prohibiting the Respondents, their 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 accounts; • USD. 1,747, 105.15 held in Account No. 0100006828528 at Stanbic Bank Limited in the name of Group Elykia Limited • USD. 305,950.87 held in Account No. 0100005345841 at Stanbic Bank Limited in the name of Jean-Paul Tshikangu Musangu • USD. 488, 423.25 held in Account No. 0100005345914 At Stanbic Bank Limited in the name of Venan Ma-Mabiala Mabiala 2. THAT Preservation Order be and are hereby issued prohibiting the Respondents, their 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 any profits or benefits derived or accrued from the funds specified under order I above. 3. THAT a preservation Order be and are hereby issued against the Interested Party and Respondents and/or their employees, agents or representatives acting on her behalf prohibiting the sale, transfer or disposing off or other dealings with the following motor vehicle; (i) KDE 033S Mercedes Benz Registered in the name of the Interested Party and owned by the 2nd Respondent. 4. THAT the Respondent and Interested Party are hereby directed to surrender the original logbook of the motor vehicle specified in order 3 above to the Applicant with immediate effect. 5. THAT an order be and are hereby issued directing the Director- General of National Transport and Safety Authority to register caveat against the record of the motor vehicle specified in order 3 above. 6. THAT the Respondents and Interested Party are hereby ordered to surrender the motor vehicle specified in order 3 above to the Applicant with immediate effect. 7. THAT the order granted shall be for ninety (90) days as provided in section 84 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). 8. THAT cost shall be in the cause. 9. THAT mention shall be on 29th March, 2022. IT IS SO ORDERED GIVEN under my hand and seal of the Honorable court this 20th day of December, 2021. Issued at Nairobi this 21st day of December, 2021. DEPUTY REGISTRAR, High Court, Anti Corruption and Economic Crimes Division. PENAL NOTICE Take notice that if you, the above named respondents 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 28th December, 2021. ALICE M. MATE, MR/3231084 Director.

Dated the 20th December, 2022.

ALICE M. MATE,

Director.

Extracted Entities (1)

previous_gazette_ref

53

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
Director
Date Signed
20th December 2022
Page
42
Extraction Method
regex