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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 4341
GAZETTE NOTICE NO. 4341
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—
Abdulmajid Msallam Timami and Said Mselem Abdallah that the
High Court has issued preservation orders in Nairobi High Court
Miscellaneous Application No. E5 of 2023 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. E005 OF 2023
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 Vehicles:
KAZ 161 M ZF 6293 KCP 632F
KCC 232R ZF 8270 KCL 444U
KCT 180M KCQ 854X KBQ 410Y
KAE 005A KCV 459T and land parcels:
(a) L/R No. Mombasa/Mwembelegeza/1385
(b) C.R 66464 Mombasa Municipality Sub div No. 14173
(Orig No. 14152/22) Section II Mainland North, survey plan number 371828
(c) C.R 65470 Mombasa Municipality Subdiv No. 14171 (Orig
No. 14152/20) Section II Mainland North, survey plan number 371826
(d) C.R 66469 Mombasa Municipality Subdiv No. 14170 (Orig
No. 14152/19) Section II Mainland North, survey plan number 371825
BETWEEN-
Assets Recovery Agency …………………………………….Applicant
-VERSUS-
Abdulmajid Msallam Timami………………………….1st Respondent
Said Mselem Abdallah………………….......................2nd Respondent
IN CHAMBERS ON 14TH MARCH, 2023
BEFORE HON. LADY JUSTICE E. N. MAINA
ORDER
THIS MATTER COMING UP before Honourable Lady Justice E. N.
Maina on 14th March, 2023 for directions of the Originating Motion dated 13th March, 2023 brought by Counsel for the Applicant under
Sections 81 and 82 of the Proceeds of Crime and Anti-Money
Laundering Act and Order 51 of the Civil Procedure Rules, and all other enabling provisions of the law and upon reading the supporting
Affidavit of Cpl. Isaac Nakitare and all the annexures thereto:
IT IS HEREBY ORDERED: -
1. THAT a preservation order be and is hereby issued prohibiting the Respondents and/or their employees, agents or representatives acting on their behalf from selling/charging/mortgaging/ transferring and any other dealings in respect of:
(a) L/R No. Mombasa/Mwembelegeza/1385
31st March, 2023 THE KENYA GAZETTE
(b) C.R 66464. MN/Section II /14173 (Orig No. 14152/22) survey plan number 371828 within Mombasa Municipality.
(c) C.R 65470 Registered as CR 64557/36, MN/Section II
/14171 (Orig No. 14152/20) on survey plan number 371826 within Mombasa Municipality.
(d) C.R 66469. Registered as CR 64557/35 MN/Section II
/14170 (Orig No. 14152/19) survey plan number 371825 within Mombasa Municipality.
2. THAT the Chief Land Registrars at the respective Lands
Registries be and are hereby ordered to place caveats on the suit land parcels.
3. THAT an order be and is hereby issued that all income/rental income accruing from the developments on the parcels of land in prayer 2 (a) above be paid to the applicant’s bank accounts.
4. THAT a preservation Order be and is hereby issued Prohibiting the Respondent and/or his employees, agents or representatives acting on his behalf from selling/charging/mortgaging/ transferring and any other dealings in respect of the following motor vehicles;
KAZ 161 M ZF 6293 KCP 632F
KCC 232R ZF 8270 KCL 444U
KCT 180M KCQ 854X KBQ 410Y
KAE 005A KCV 459T
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 each of the motor vehicles specified in order 4 above.
6. THAT the 1st Respondent be directed to surrender the original logbooks of the motor vehicles specified in order 4 above to the
Applicant within 7 days herein.
7. THAT the 1st Respondent be ordered to surrender the motor vehicles specified in Order 4 above to the applicant and be assembled at the Directorate of Criminal Investigations along Kiambu Road with immediate effect.
8. THAT the orders shall be for a duration of ninety (90) days.
9. THAT mention on 3rd July, 2023.
GIVEN under my hand and the seal of this Honourable Court this 15th day of March, 2023.
ISSUED at NAIROBI this 15th day of March, 2023.
DEPUTY REGISTRAR, High Court
Anti Corruption and Economic Crimes Division.
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 20th March, 2023.
ALICE M. MATE, PTG No. 2349/22-23 Director.
Dated the 20th March, 2023.
ALICE M. MATE,
PTG No. 2349/22-23 Director.
Extracted Entities (1)
previous_gazette_ref
4341
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. 2349/22-23 Director
- Date Signed
- 20th March 2023
- Page
- 36
- Extraction Method
- regex
Source Gazette
Vol. CXXV No. 76
Published 19th January 2023