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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 6547
GAZETTE NOTICE NO. 6547
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
(No. 9 of 2009)
PRESERVATION ORDERS
IN EXERCISE of the powers conferred by section 83 (I) of the
Proceeds of Crime and Anti-Money Laundering Act, 2009, the Agency
Director gives notice to—
Peter Wangai Muriithi and 4 Others that the High Court has issued
preservation orders in Nairobi High Court Miscellaneous Application
No.18 of 2021 as specified in the Schedule hereto.
REPUBLI C 0 F KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
MISCELLANEOUS CIVIL APPLICATION No. E018 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 Land Parcels;
1. L.R. No. Marmanet/North Rimuruti Block 2 (Ndurumo)/553,
624, 625, 673, 557 and 673.
2. L.R. No. Ngong/Ngong/6198/57241457240,
57239/57237/57238/ 57242/2000 and 94454
3. Plot No. 215 and 523 E-xp and D Settlement Scheme Laikipia.
In the Matter of: Preservation Orders for Motor Vehicles and Motor
Cycles:
4. KCS 572 N Isuzu Como, KCV 855 M Isuzu FVZ, KCN 336
Ftoyoya Probox, KCL 804 D, ISUZU BDG-NPR85AR, KCB
733 K, NISSAN CBA-J31 And KBQ 637 J, Isuzu FRR33
5. KMEQ 497 A Honda Ace125, KMEQ 494 A Honda Ace125,
KMEJ 646 R Honda Ace125, KMEJ 646 R Honda Ace125 and
KMEK 609D Honda ACE125.
BETWEEN
ASSETS RECOVERY AGENCY—(Applicant)
VERSUS
PETER WANGAI MURIITHI—(Ist Respondent)
GOLDENSCAPE TREES AFRICA LIMITED—(2nd Respondent)
GOLDENSCAPE GREENHOUSE LIMITED— (3rd Respondent)
SILVERSTONE PROPERTIES LIMITED--(4th Respondent)
GOLDENSCAPE GROUP LIMITED---(5th Respondent)
(IN CHAMBERS BEFORE HON. JUSTICE J. WAKIAGA ON 15TH
JUNE 2021)
ORDER
THIS MATTER COMING UP for directions of Originating
Motion dated 11th June, 2021 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 1 of the Civil Procedure Rules and
all enabling provisions of the Law AND UPON READING the
Supporting Affidavit in support of the application sworn by CPL.
JEREMIAH SAUTET and annexures thereof-
IT IS HEREBY ORDERED
1. THAT the application dated 11th June, 2021 be and is hereby
certified urgent.
2. THAT an order of preservation be and is hereby granted
prohibiting the 1st Respondent, his employees, agents, servants or any
other persons acting on his behalf from transacting, transferring, and/
or dealing in any manner howsoever in respect of the following land
parcels;
(a) L.R. No. Marmanet/North Rimuruti Block 2 (Ndurumo) 553
registered in the name of Peter Wangai Muriithi.
(b) L.R. No. Marmanet/North Rimuruti Block 2 (Ndurumo) 624
registered in the name of Peter Wangai Muriithi.
(c) L.R. No. Marmanet/North Rimuruti Block 2 (Ndurumo) 625
registered in the name of Peter Wangai Muriithi.
(d) L.R. No. Mannanet/North Rimuruti Block 2 (Ndurumo) 673
registered in the name of Peter Wangai Muriithi.
(e) L.R. No. Ngong/Ngong 6198 registered in the name of
Silverstone Properties Limited.
(fi L.R. No. Ngong/Ngong 57241 registered in the name of
Silverstone Properties Limited.
(g) L.R. No. Ngong/Ngong 57240 registered in the name of
Silverstone Properties Limited.
(h) L.R. No. Ngong/Ngong 57239 registered in the name of
Silverstone Properties Limited.
(i) L.R. No. Ngong/Ngong 57237 registered in the name of
Silverstone Properties Limited.
Q) L.R. No. Ngong/Ngong 57238 registered in the name of
Silverstone Properties Limited.
(k) L.R. No. Ngong/Ngong 57242 registered in the name of
Silverstone Properties Limited.
(1) L.R. No. Ngong/Ngong 2000 purchased by Silverstone
Properties Limited the 4th Respondent vide sale agreement
dated 13th February,2019.
(m)L.R. No. Ngong/Ngong 94454 purchased by Silverstone
Properties Limited the 4th Respondent vide sale agreement.
(n) Plot number 215 E-xp and D Settlement Scheme purchased by
Peter Wangai Muriithi the 1st Respondent vide a sale
agreement dated 16th October,2018.
(o) Plot number 523 E-xp and D Settlement Scheme purchased by
Goldenscape Group Ltd the 5th Respondent vide a sale
agreement dated 11th March,2019.
3. THAT an order of preservation be and is granted prohibiting
the Respondents, its employees, agents, servants or any other persons
acting on its behalf from transacting, transferring, and/ or dealing in
any manner howsoever in respect of the following motor vehicles
registered in the name of the 1st Respondent;
(a) Motor vehicle registration number KCS 572 N Isuzu Como.
(b) Motor vehicle registration number KCV 855 M Isuzu FVZ.
(c) Motor vehicle registration number KCN 336F Toyota Probox.
(d) Motor vehicle registration number KCL 804D, Isuzu BDG-
NPR85AR.
(e) Motor vehicle registration number KCB 733K, NISSAN CBA-
J3I.
(/) Motor vehicle registration number KBQ 637J, ISUZU FRR33.
4. THAT an order of preservation be and is hereby granted
prohibiting the Respondents, their employees, agents, servants or any
other persons acting on their behalf from selling, transferring, and/ or
dealing in any manner howsoever in respect of the following motor
cycles registered in the name of the 1st Respondent;
(a) Motor-cycle registration number KMEQ 497 A HONDA
ACE125.
(b) Motor-cycle registration number KMEQ 494 A HONDA
ACEI25.
(c) Motor-cycle registration number KMEJ 646 R HONDA
ACE125.
(d) Motor-cycle registration number KMEJ 646 R HONDA
ACE125.
(e) Motor-cycle registration number KMEK 609D HONDA
ACE125.
5. THAT an Order be and is hereby issued directing the
respective Land registrars to register a caveat against the titles of each
of the land parcels specified in order 2 (a) to (o) above.
6. THAT an Order be and is hereby issued directing the Director
General National Transport & Safety Authority to register a caveat
against the titles/records of each of the motor vehicles and motor
cycles specified in order 3 (a) to (o) and order 4(a) to (e) above.
7. THAT an Order be and is hereby issued directing the
Respondents to surrender the original log books of the Motor Vehicles
and motor Cycles specified in order 3 (a) to (o) and order 4(a) to (e)
above to the applicant within 7 days herein.
8. THAT an Order be and is hereby issued directing the
Respondents to surrender the motor vehicles and motor cycles
specified in order 3 (a) to (o) and order 4(a) to (e) above to the
applicant with immediate effect.
9. THAT this order is subject to provisions of Sections 83 and 84
of the Proceeds of Crime and Anti-Money Laundering Act.
GIVEN under my hand and seal of the Honorable court this 15th
day of June, 2021.
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 6th July, 2021.
ALICE M MATE,
PTG 2492/20-21 Director.
Dated the 6th July, 2021.
ALICE M MATE,
PTG 2492/20-21 Director.
Extracted Entities (2)
case_number
18 of 2021
previous_gazette_ref
6547
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (I)
- Signed By
- ALICE M MATE
- Title
- PTG 2492/20-21 Director
- Date Signed
- 6th July 2021
- Page
- 57
- Extraction Method
- regex
Source Gazette
Vol. CXXIII No. 141
Published 27th February 2021