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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 13305
GAZETTE NOTICE NO. 13305
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—
Awliban General Supplies Limited and Mackerel Enterprises
Limited that the High Court has issued preservation orders in Nairobi
High Court Miscellaneous Application No. E31 of 2023 as specified in the Schedule hereto:
IN THE MATTER OF AN APPLICATION FOR ORDERS UNDER
SECTIONS 81, 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 OF KSH. 11, 988,518
HELD AT GULF AFRICAN BANK A/C NO. 900137701 IN THE
NAME OF AWLIBAN GENERAL SUPPLIES LIMITED;
AND
IN THE MATTER OF PRESERVATION OF KSH. 1,170,071 HELD
AT SIDIAN BANK A/C 01036020032571 IN THE NAME OF
AWLIBAN GENERAL SUPPLIES LIMITED;
AND
IN THE MATTER OF PRESERVATION OF KSH. 722,965 HELD
AT DUBAI INTERNATIONAL BANK A/C NO. 006503100736501
IN THE NAME OF MACKEREL ENTERPRISES LIMITED;
29th September, 2023 THE KENYA GAZETTE
AND
IN THE MATTER OF PRESERVATION OF KSH. 18, 772,535
HELD IN EQUITY BANK A/C NO. 1290283186521 IN THE NAME
OF MACKEREL ENTERPRISES LIMITED
BETWEEN
ASSETS RECOVERY AGENY—(Applicant)
VERSUS
AWLIBAN GENERAL SUPPLIES LIMITED—(First Respondent)
MACKEREL ENTERPRISES LIMITED—(Second Respondent)
IN CHAMBERS ON THE 11TH SEPTEMBER, 2023
BEFORE HON. LADY JUSTICE E.N. MAINA
ORDER
THIS MATTER COMING UP before Honourable Lady Justice
E.N. Maina on the 11th September, 2023 for directions on the
Originating Motion dated the 4th September, 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 Kipkirui Serem and all the annexures thereto:
Exparte
IT IS HEREBY ORDERED: -
1. THAT this application be and is hereby certified urgent.
2. THAT the same is certified as such and will be heard during the vacation.
3. THAT this Honourable Court do issue Preservation Orders and seizure of monies held in the following bank accounts;
(i). A/C No. 0900137701 domiciled at Gulf African Bank with
KSh. 11,988,518 held in the name of the Awliban General
Supplies Limited;
(ii). A/C No. 01036020032571 domiciled at Sidian Bank with
KSh. 1,170,071 held in the name of the Awliban General
Supplies Limited;
(iii). A/C No. 00650310000736501 domiciled at Dubai
International Bank with KSh. 722,965 held in the name of
Mackerel Enterprises Limited;
(iv). A/C No. 1290283186521 domiciled at Equity Bank with
KSh. 18,772,535 held in the name of Mackerel Enterprises
Limited;
4. THAT the preservation order granted shall be for a period of ninety (90) days as provided in section 84 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).
5. THAT mention on the 22nd January, 2024.
IT IS SO ORDERED.
GIVEN under my hand and the seal of this Honorable Court this
11th day of September, 2023.
ISSUED at NAIROBI this 11th day of September, 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 13th September, 2023.
ALICE M. MATE, PTG 378/23-24 Director.
Dated the 4th September, 2023.
ALICE M. MATE,
PTG 378/23-24 Director.
Extracted Entities (1)
previous_gazette_ref
13305
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 378/23-24 Director
- Date Signed
- 4th September 2023
- Page
- 44
- Extraction Method
- regex
Source Gazette
Vol. CXXV No. 217
Published 10th February 2023