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GAZETTE NOTICE NO. 11212

GAZETTE NOTICE NO. 11212

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— PETER MUGI KAMAU & ANOTHER that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E030 of 2021 as specified in the Schedule hereto. REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISC. APPLICATION No. E030 OF 2021 AN APPLICATION FOR ORDERS UNDER SECTIONS 81 & 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 MLOLONGO/NGWATA PHASE III/PLOT NO.1264 BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS PETER MUGI KAMAU—(1st Respondent) CONSOLATA NDUNGE MUSA—(2nd Respondent) IN CHAMBERS ON 5TH OCTOBER, 2021 BEFORE HONOURABLE LADY JUSTICE E. N. MAINA ORDER UPON READING the Originating Motion presented to this Hounourable Court on 30th September, 2021, by the 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 Upon Reading the Supporting Affidavit of JEREMIAH SAUTET sworn on 30th September, 2021 together in support of the application together with annexure thereto AND WHEREAS this matter coming up for hearing ex-parte before the Hounourable Lady Justice E. N. Maina; IT IS HEREBY ORDERED: 1. THAT the Originating Motion application dated 30th September,2021 be and is hereby certified as urgent. 2. THAT a Preservation Order be and is hereby issued prohibiting the Respondents from selling/charging/mortgaging/transferring and any other dealings in respect of MlolongoiNgwata Phase III/Plot No.1264 and Developments thereon. 3. THAT an Order be and is hereby issued to the Chief Land Registrar at Mavoko Lands Registry to place a caveat on the suit land parcel. 4. THAT an Order be and is hereby issued preserving any rental income, benefit, profit accruing from the four storey development on MLOLONGO/NGWATA PHASE III/PLOT NO.1264 and be paid to the applicants Bank accounts number 1240221339 held at Kenya Commercial Bank, KICC Branch pending hearing and determination of the intended forfeiture application. 5. THAT an Order is hereby issued directing the Respondents to surrender to the Applicant the Original Tittle Documents, Leases or registration documents for property Mlolongo/Ngwata Phase III/Plot No.1264. 6. THAT Orders shall last for six months. 7. THAT the Orders be served upon all the Respondents. 8. THAT it is so ordered. GIVEN under my hand and the seal of the Honourable Court this 5th October, 2021. ISSUED at Nairobi this 7th day of October, 2021. THE DEPUTY REGISTRAR THE HIGH COURT OF KENYA PENAL NOTICE If any person served with this court order disobeys the terms hereof, such party shall be guilty of an offence and is liable upon conviction to a fine not exceeding Two Million or to imprisonment for a term not exceeding ten years or both. Dated the 19th October, 2021. ALICE MATE, PTG 768/21-22 Director.

Dated the 19th October, 2021.

ALICE MATE,

PTG 768/21-22 Director.

Extracted Entities (1)

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11212

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 83(1)
Signed By
ALICE MATE
Title
PTG 768/21-22 Director
Date Signed
19th October 2021
Page
23
Extraction Method
regex