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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 2714
GAZETTE NOTICE NO. 2714
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-ivioney Laundering Act, 2009. the Agency
Director gives notice to—
Timothy Waigwa Maina that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E7 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. E7 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 of funds of USD 390,038.72 held in
Account No 0100008643959 at Stanbic Bank in the
Name of Timothy Waigwa Maina.
BETWEEN
ASSETS RECOVERY .occccsscscssessscsssssossessceeeses. Applicant
-VERSUS-
TIMOTHY WAIGWA MAINA .eececcceccccsccccosees.., Respondent
ORDER
THIS matter is coming up before Honourable Lady Justice E. Maina on 3rd March, 2022, for directions of originating motion 2nd March, 2022 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 ! of the Civil Procedure Rules and all other enabling provisions of the law and upon reading the supporting affidavit of No. 60040
S/SGT. Fredrick Musyoki and annexures thereof: -
Exparte
IT IS HEREBY ORDERED: -
1. THAT this application dated 2nd March, 2022 be and 1s hereby certified urgent.
2. THAT preservation orders be and are hereby issued prohibiting the Respondent and/or his representatives, employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following account;
(i) USD 390,038.72 Held in Account No. 0100008643959 at
Stanbic Bank in the Name of Timothy Waigwa Maina.
3. THAT Preservation Order be and are hereby issued prohibiting the Respondent, his employces, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the funds specified under Order 2 above.
4. THAT this order be served upon the Respondent within 7 days of today’s date.
5. THAT the preservation orders shall last for ninety (90) days as provided in Section 84 of Proceeds Of Crime And Anti-Money
Laundering Act (POCAMLA).
6. THAT mention on 6th June, 2022, GIVEN under my hand and seal of the Honorable court this 3rd day of
March, 2022
ISSUED at NAIROBI this 3rd day of March, 2022
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 fiable to Imprisonment for a period of not more than s1x months.
Dated the 7th March, 2022.
ALICE M. MATE, PTG 1705/21-22 Director.
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Extracted Entities (1)
previous_gazette_ref
2714
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 1705/21-22 Director
- Ministry
- Ministry of Water Resources
- Date Signed
- 7th March 2022
- Page
- 45
- Extraction Method
- ocr-fallback
Source Gazette
Vol. CXXIV No. 44
Published 1st January 2022