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GAZETTE NOTICE NO. 6945

GAZETTE NOTICE NO. 6945

THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

(No. 9 of 2009)

PRESERVATION ORDERS


IN EXERCISE of the powers conferred by section 83(l) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Agency Director gives notice to— Esther Wagio Njunge And 5 Others that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E019 of 2021 as specified in the Schedule hereto. REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS CIVIL APPLICATION NO E19 OF 2021 ASSETS RECOVERY AGENCY Applicant VERSUS ESTHER WAGIO NJUNGE—(1st Respondent) MARGARET WANJA MU'rmm--(2nd Respondent) LIGHT HOUSE TRADING COMPANY LIMITED--(3rd Respondent) GRACE NYAMBURA ND1RITU—(4th Respondent) MERCY WAMBUI NYAMBURA —(5th Respondent) CYNTHIA WANJIKU NYAMBURA —(6th Respondent) (IN CHAMBERS ON 21ST JUNE, 2021 BEFORE HON. JUSTICE J. WAKIAGA) ORDER THIS MATTER COMING UP before Hon. Justice J. Wakiaga, for directions of Originating Motion dated 17th June, 2021 brought by Counsel for the Applicant under sections 81, 82 and 87 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 of the Civil Procedure Rules and upon reading the Supporting Affidavit in support of the application sworn by No. 62047 Cpl. Fredrick Muriuki and annexures thereof; IT IS HEREBY ORDERED: 1. THAT this application be and is hereby certified urgent. 2. THAT an order of preservation be and is hereby granted prohibiting the Respondents and/or their employees, agents, servants or any other persons acting on their behalf from transacting, transferring and/or dealing in any manner with the funds held in the following bank accounts; (a) KSh. 74,774,000.00 held in fixed deposit account No. 01132665045504 at Co-operative bank in the name of the 1st Respondent, Esther Wagio Njunge. (h) KSh. 13,939,249.99 held in fixed deposit account No. 01 132070901709 at Co-operative bank in the name of the 2nd Respondent, Margaret Wanja Muthui. (c) KSh. 4,836,757 held in account No. 01148163239300 at Co- operative bank in the name of the 3rd Respondent, Light House Trading Company Limited. 3. THAT an order of preservation be and is hereby granted prohibiting the Respondents and/or their employees, agents, servants or any other persons acting on their behalf from selling, transferring, charging or dealing in any manner with the following apartments erected on L.R. No. 209/21878 (Original No. 209/7752), Kileleshwa, Nairobi (Signature Apartments). ( 1 ) Apartment Number B20 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (2) Apartment Number C2 registered in the name of the 5th Respondent, Mercy Wambui Nyambura. (3) Apartment Number C3 registered in the name of the 6th Respondent, Cynthia Wanjiku Nyambura. (4) Apartment Number C14 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (5) Apartment Number C15 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (6) Apartment Number C16 registered in the name of the 4th Respondent, Grace Nyambura Ndiritu. (7) Apartment Number C22 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (8) Apartment Number C24 registered in the name of the 3rd Respondent , Light House Trading Company Limited. (9) Apartment Number C26 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (10) Apartment Number C30 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (11) Apartment Number C34 registered in the name of the 3rd Respondent, Light House Trading Company Limited. 4. THAT an order of preservation be and is hereby granted prohibiting the 3rd Respondent, Light House Trading Company Limited and/or their employees, agents, servants or any other persons acting on his behalf from selling, transferring, charging or dealing in any manner with the following properties/assets or developments, improvements and structures thereon: (a) House No. 3 erected on land reference No. 1 160/1 190 (original No. 1160/1189/1) Nairobi, Collingham Gardens; (6) Kiambaa/Ruaka/5500 situated in Ruaka area, Kiambu County; (c) Kiambaa/Ruaka/4923 in Kiambu County; (d) Land Title No. Dagoreti/Riruta/4756 5. THAT an order of preservation be and is hereby granted preserving any rental income, benefit, profit accruing from the following properties and direct that the same to be deposited in the Assets Recovery Agency Deposit Account number 1240221339 held at Kenya Commercial Bank, pending the hearing and determination of intended forfeiture application; (a) Apartment numbers B20. C14, C15, C22, C24. C26, C30 and C34 erected on L.R No. 209/21878 (Original No. 209/7752), Kileleshwa, Nairobi (Signature Apartments) and registered in the name of the 3rd Respondent, Light House Trading Company Limited. (6) 24 apartments in Residential flat known as "Taraji Residence" erected on Kiambaa/Ruaka/4923 in Kiambu County and registered in the name of the 3rd Respondent, Light House Trading Company Limited. (c) Apartment number C 16 erected on L.R No. 209/21878 (Original No. 209/7752), Kileleshwa, Nairobi and registered in the name of the 4th Respondent, Grace Nyambura Ndiritu. (d) Apartment number C2 erected on L.R No. 209/21878 (Original No. 209/7752), Kileleshwa, Nairobi and registered in the name of the 5th Respondent, Mercy Wambui Nyambura. (e) Apartment number C3 erected on L.R No. 209/21878 (Original No. 209/7752), Kileleshwa, Nairobi and registered in the name of the 6th Respondent, Cynthia Wanjiku Nyambura. 6. THAT Chief Land Registrar be and is hereby ordered to register caveats against the records of each of the apartments and properties specified in order 3 and 4 above. 7. THAT the Respondents be and are hereby directed to surrender to the Asset Recovery Agency the original land titles documents, leases or registration documents for the following assets within 7 days; (a) Apartment Number B20 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (1) Apartment Number C2 registered in the name of the 5th Respondent, Mercy Wambui Nyambura. (c) Apartment Number C3 registered in the name of the 6th Respondent, Cynthia Wanjiku Nyambura. (d) Apartment Number C14 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (e) Apartment Number C15 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (fi Apartment Number C16 registered in the name of the 4th Respondent, Grace Nyambura Ndiritu. (g) Apartment Number C22 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (h) Apartment Number C24 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (i) Apartment Number C26 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (j) Apartment Number C30 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (k) Apartment Number C34 registered in the name of the 3rd Respondent, Light House Trading Company Limited. (I) House No.3 erected on land reference No. 1160/1190 (original number 1160/1189/I) Nairobi, Collingham Gardens registered in the name of the 3rd Respondent, Light House Trading Company Limited. (nt)Kiambaa/Ruaka/5500 situated in Ruaka area, Kiambu County registered in the name of the 3rd Respondent, Light House Trading Company Limited; (n) Kiambaa/Ruaka/4923 in Kiambu County registered in the name of the 3rd Respondent Light House Trading Company Limited. (0) Land title No. Dagoreti/Riruta/4756. registered in the name of the 3rd Respondent, Light House Trading Company Limited. 8. THAT the above orders are subject to the provisions of Sections of the Act on notice and the Respondents' rights. GIVEN under my hand and seal of the Honorable court this 21st day of June, 2021. ISSUED at Nairobi on this day of 2021 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 liable to imprisonment for a period of not more than six months. Dated the 28th June, 2021. ALICE M. MATE, MR/ 1 791713 Director.

Dated the 28th June, 2021.

ALICE M. MATE,

MR/ 1 791713 Director.

Extracted Entities (1)

previous_gazette_ref

6945

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 83(l)
Signed By
ALICE M. MATE
Title
MR/ 1 791713 Director
Date Signed
28th June 2021
Page
41
Extraction Method
regex