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PRESERVATION ORDERS
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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
Source Gazette
Vol. CXXIII No. 144
Published 5th March 2021