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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 200
GAZETTE NOTICE NO. 200
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—
Barak Abdullahi Boru and 5 Others that the High Court has issued
preservation orders in Nairobi High Court Miscellaneous Application
No. E001 of 2021 as specified in the Schedule hereto:
R E P U B L I C O F K E N Y A
IN THE HIGH COURT OF KENYA AT MILIMANI
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
MISCELLANEOUS APPLICATION NO E001 OF 2021
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;
(a) Motor Vehicle Reg. No. KBL 804V, Toyota Prado, Chassis No.
TRJ150-0002108
(b) Motor Vehicle Registration No. KCW 553H, Toyota Pickup,
Chassis No. JTELB71J90-7723467
BETWEEN
ASSETS RECOVERY AGENCY……………………..Applicant
VERSUS
BARAK ABDULLAHI BORU………………………..1st Respondent
MOHAMMED ABDIRAHIM MOHAMMED……….2nd Respondent
MOHAMMED ADAM DID…………………………..3rd Respondent
MOMANYI MAKORI DENNIS……………………..4th Resepondent
AND
EQUITY BANK (KENYA) LIMITED……………1st Interested Party
FIRST COMMUNITY BANK LIMITED………...2nd Interested Party
Ex-parte
ORDER
IN CHAMBERS ON 6TH JANUARY, 2021
BEFORE HON. LADY JUSTICE H.I ONG’UDI
UPON READING the Originating Summons dated 4th January,
2021 presented to this court on 6th January, 2021 by the Counsel for
the Applicant, under Sections 1, 1A, 3 and 3B of the Civil Procedure
Act, Section 10 of the Judicature Act, Chapter 8 Laws of Kenya,
15th January, 2021 THE KENYA GAZETTE
Rule3(1) (2) of the High Court (Practice and Procedure) Rules, Order
46 of the Civil Procedure rules and all other enabling provisions of the
law AND UPON READING the Supporting Affidavit of CPL
Jeremiah Sautet sworn on 4th January, 2021 together with the
annexures thereto:
IT IS HEREBY ORDERED:-
1. THAT a preservation order do and is hereby granted against the
Respondents and Interested Parties and/or their employees, agents,
servants, representatives or any other persons acting on their
behalf, prohibiting the sale, transfer or disposal off or other
dealings with the following motor vehicles;
(a) Motor vehicle registration number KBL 804V, S. Wagon,
Chassis No. TRJ150-0002108, Black in colour registered in the
name of Momanyi Makori Dennis and Equity Bank (Kenya)
Limited, the 2nd and 3rd Respondents herein.
(b) Motor vehicle registration number KCW 553H, Pickup,
Chassis No. JTELB71J90-7723467, Blue in colour registered
in the name of Barak Abdullahi Boru and First community
Bank.
2. THAT the Respondents and Interested Parties are hereby
directed to surrender the original logbooks of the motor vehicle
specified in order 1 above to the Applicant within 7 days herein.
3. THAT an order do and is hereby issued directing the Director
General of National Transport and Safety Authority to register a caveat
against the records of the motor vehicle specified in prayer 1 above.
4. THAT costs in cause.
GIVEN UNDER my hand and the seal of the Honourable Court this
6th day of January, 2021.
ISSUED at NAIROBI this 11th day of January, 2021.
DEPUTY REGISTRAR
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
PENAL NOTICE
TAKE NOTICE that any party served with this order and disobeys the
same shall be guilty of contempt of Court and liable to imprisonment
for a term not exceeding six (6) months or both a fine and
imprisonment.
Dated the 12th January, 2021.
MUTHONI KIMANI,
MR/1729048 Director.
Dated the 12th January, 2021.
MUTHONI KIMANI,
Director.
Extracted Entities (1)
previous_gazette_ref
200
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (1)
- Signed By
- MUTHONI KIMANI
- Title
- Director
- Date Signed
- 12th January 2021
- Page
- 18
- Extraction Method
- regex
Source Gazette
Vol. CXXIII No. 12
Published 7th January 2021