GAZETTE NOTICE NO. 14882

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— 3rd November, 2023 THE KENYA GAZETTE Juma Olunga Wakhayanga, that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E37 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. E37 OF 2023 ASSETS RECOVERY AGENCY—(Applicant) VERSUS JUMA OLUNGA WAKHAYANGA—(Respondent) ORDER BEFORE HON. JUSTICE PROF. (DR.) SIFUNA (J) IN CHAMBERS ON 19TH OCTOBER, 2023 CLAIMS FOR IN THE APPLICATION: 1. THAT this application be certified urgent and the same be heard Ex-Parte on a priority basis in the first instance. 2. THAT this Honourable Court do issue Preservation Orders for KSh. 2,483,219.91 held in Account Number 01108042621500 domiciled at Co-operative Bank of Kenya Limited, in the name of Juma Olunga Wakhayanga. 3. THAT this Honourable Court be pleased to issue a preservation Order against the Respondent and/or his employees, agents, or representatives acting on her behalf prohibiting the sale, transfer, or disposing off or other dealings with the following motor vehicles: (i) KCS 679P, Toyota Passo. (ii) KCV 358J, Suzuki Alto. (iii) KDD 087H, Suzuki Hustler. (iv) KDH 931G, Nissan Dayz. (v) KDG 701G, Suzuki Wagon. (vi) KDH 575T, Mazda Atenza. (vii) KDE 423D, Daihatsu Mira. (viii) KDJ 499C, Nissan Dayz. (ix) KDH 530T, Suzuki Spacia. (x) KCX 703Q, Diahatsu Mira. (xi) KCU 922R, Toyota Sienta. (xii) KDC 959S, Nissan Dayz. 4. THAT the Respondent be directed to surrender the original logbooks of the motor vehicles specified in prayer 3 above to the Applicant within seven (7) days herein. 5. THAT an order directing the Director-General of the National Transport and Safety Authority to register caveats against the records of each of the motor vehicles specified in order 3 above. 6. THAT the Respondent be ordered to surrender the motor vehicles specified in prayer 3 above to the Applicant and be assembled at the Director of Criminal Investigations (DCI) Headquarters on Kiambu Road with immediate effect. 7. THAT the Honourable Court does make any other ancillary orders it may deem fit and necessary for the proper and effective execution of its orders. 8. THAT costs be provided for. Upon reading the Originating Motion dated the 18th October, 2023, brought under Certificate of Urgency and presented 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 enabling provisions of the law, and upon reading the supporting affidavit of Duncan Odhiambo sworn on 18th of October, 2023 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT this application be and is hereby certified urgent. 2. THAT Preservation Orders be and is hereby for KSh. 2,483,219.91 held in Account Number 01108042621500 domiciled at Co-operative Bank of Kenya Limited in the name of Juma Olunga Wakhayanga. 3. THAT a preservation Order be and is hereby against the Respondent and/or his employees, agents, or representatives acting on her behalf prohibiting the sale, transfer, or disposing off or other dealings with the following motor vehicles; (i) KCS 679P, Toyota Passo. (ii) KCV 358J, Suzuki Alto. (iii) KDD 087H, Suzuki Hustler. (iv) KDH 931G, Nissan Dayz. (v) KDG 701G, Suzuki Wagon. (vi) KDH 575T, Mazda Atenza. (vii) KDE 423D, Daihatsu Mira. (viii) KDJ 499C, Nissan Dayz. (ix) KDH 530T, Suzuki Spacia. (x) KCX 703Q, Diahatsu Mira. (xi) KCU 922R, Toyota Sienta. (xii) KDC 959S, Nissan Dayz. 4. THAT the Respondent be be and is hereby directed to surrender the original logbooks of the motor vehicles specified in prayer 3 above to the Applicant within seven (7) days herein. 5. THAT an order be and is hereby issued directing the Director- General of the National Transport and Safety Authority to register caveats against the records of each of the motor vehicles specified in order 3 above. 6. THAT the Respondent be and is hereby ordered to surrender the motor vehicles specified in prayer 3 above to the Applicant and be assembled at the Director of Criminal Investigations (DCI) Headquarters on Kiambu Road with immediate effect. 7. THAT these preservation orders shall subsist for a period of ninety (90) days from today. 8. THAT this matter shall be mentioned on the 23rd of January, 2024. GIVEN under my hand and the seal of this Honourable Court this 19th day of October, 2023. Dated the 19th October, 2023. 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 19th October, 2023. ALICE M. MATE, PTG 831/23/24 Director.