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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 15505
GAZETTE NOTICE NO. 15505
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—
Peter Mungai Mwangi that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E58 of
2022 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 E058 OF 2022
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 Motor Vehicle
Registration No. KCV 877W.
-BETWEEN-
Assets Recovery Agency
Applicant
-VERSUS-
Peter Mungai Mwangi
Respondent
IN CHAMBERS ON 1ST DECEMBER, 2022
BEFORE HON. LADY JUSTICE E.N. MAINA
ORDER
APPLICATION FOR ORDERS
1.
THAT this application be certified urgent and the same be heard exparte on a priority basis in the first instance.
2.
THAT this Honourable Court be pleased to issue preservation
Order prohibiting the Respondenta and/or his agents or representatives from sale, transfer, charging/mortgaging or disposal ,of or ,,other dealings in respect of motor yeAiele registration no. KCV 877W.
3.
THAT the Respondent be and is hereby directed to surrender the original logbook of the motor vehicle registration number KCV
877W to the Applicant within 7 days herein.
4.
THAT an order directing the Director General of the National
Transport and Safety Authority to register a caveat against the record of the motor vehicle KCV 877W.
5.
THAT the motor vehicle registration no. KCV 877W be surrendered to the applicant with immediate effect.
6.
THAT the order directing the Director General of National
Transport and Safety Authority to register s caveat against the records of the motor vehicles specified in prayers 2 and 3 above.
7.
THAT the Honourable Court makes any other ancillary order it amy deem fit for the proper, fair effective execution of its orders.
THIS MATTER coming up for directions on Notice of Motion dated
25th November, 2022, brougth 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 of the Civil Procedure
Rules and upon reading the supporting Affidavit of No. 62047 CPL.
Frederick Muriuki sworn in support thereof:
Exparte:
IT IS HEREBY ORDERED: -
1.
THAT a Preservation Order is hereby issued prohibiting the
Respondent and/or his agents or representatives from sale, transfer, charging/mortgaging or disposal off or other dealings in respect of motor vehicle registration number KCV 877W for a period of 90 days.
2.
THAT the motor vehicle registration number KCV 877W be and is hereby surrendered to the applicant with immediate effect.
3.
THAT this orders be served upon the Respondents and any other affected party within fourteen (14) days of today's date (1st
December, 2022).
4.
THAT mention for directions on the 3rd April, 2023. Orders accordingly.
GIVEN under my hand and seal of the Honorable court this 1st day of
December, 2022.
ISSUED at NAIROBI this 1st day of December, 2022
DEPUTY REGISTRAR, Anti-Corruption and Economic Crimes Division
High Court, Nairobi.
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 5th December, 2022.
ALICE M. MATE, PTG No. 1654/22-23
Director.
Dated the 5th December, 2022.
ALICE M. MATE,
PTG No. 1654/22-23 Director.
Extracted Entities (1)
previous_gazette_ref
15505
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 No. 1654/22-23 Director
- Date Signed
- 5th December 2022
- Page
- 66
- Extraction Method
- regex
Source Gazette
Vol. CXXIV No. 273
Published 31st May 2022