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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