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GAZETTE NOTICE NO. 55

GAZETTE NOTICE NO. 55

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— Dida Jarso Ache and 5 Others that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E048 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 APPLICATION NO. E48 OF 2021 In the Matter of.• An Application for Preservation 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 Motor Vehicle Registration No. KCU 348H In the Matter of: Preservation Orders for Motor Vehicle Registration No. KCW 835N In the Matter of: Preservation Orders for Motor Vehicle Registration No. KCS 906G In the Matter of: Preservation Orders for Motor Vehicle Registration No. KCN 112H In the Matter of: Preservation Orders for cash Kenya Shillings One Hundred and Eighty-Three Thousand BETWEEN ASSETS RECOVERY AGENCY — (Applicant) VERSUS DIDA JARSO ACHE—(1st Respondent) YUSUF HALKANO SOKONO—(2nd Respondent) GRACE ANYONA MBINDA —(1st Interested Party) JARSO BORU DIDA —(2nd Interested Party) FLORENCE NTHENYA KIMEU—(3rd Interested Party) SAMWEL NYABWENGI MAOBE—(4th Interested Party) ORDER THIS matter is coming up before Honorable Lady Justice Dorah Chepkwony on the 24th December, 2021, for directions of notice of motion dated the 24th 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 Cpl. Isaac Nakitare and annexures thereof; Exparte: IT IS HEREBY ORDERED 1. THAT the application dated 23rd December 2021 is certified as urgent. 2. THAT a preservation be and is hereby issued prohibiting the Respondents and the Interested Parties and/or their employees, agents, servants or any other persons acting on their behalf from the selling, transferring or disposing off or any other dealings in any manner with following motor vehicles:— (a) Motor vehicle Registration No. KCU 348H Toyota Land Cruiser, registered in the name of Grace Anyona Mbinda; (b) Motor vehicle Registration No. KCW 835N Mercedes Benz Actros, registered in the name of Jarso Boru Dida; (c) Motor vehicle Registration No. KCS 906G Toyota Ractis, registered in the name of Florence Nthenya Kimeu; (d) Motor vehicle Registration No. KCN 112H Toyota Probox registered in the name of Samwel Nyabwengi Maobe; 3. THAT an order be and is hereby issued to the Respondents and the Interested Parties to surrender the original logbooks of the motor vehicles specified in order 2 above to the Applicant within 7 days herein. 4. THAT the motor vehicles specified in order 2 above to be surrendered to the custody of the Applicant and assembled at the Directorate of Criminal Investigations along Kiambu Road with immediate effect. 5. 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 the motor vehicles specified in order 2 above. 6. THAT the cost of the application to be in the cause. 7. THAT the orders granted to obtain for period of 90 days as per the provisions of section 84 of the proceeds of crime and Anti- Money Laundering Act (POCAMLA). 8. THAT mention 29th day of March, 2022. IT IS SO ORDERED. GIVEN UNDER my hand and the seal of the Honorable Court this 24th day of December, 2021. ISSUED at NAIROBI this 28th day of December, 2021. DEPUTY REGISTRAR, High Court of Kenya at Nairobi. 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, Director. MR/3231084 MR/3231084 7th January, 2022 THE KENYA GAZETTE 47

Dated the 24th December, 2022.

ALICE M. MATE,

Director.

Extracted Entities (1)

previous_gazette_ref

55

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
24th December 2022
Page
44
Extraction Method
regex