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PRESERVATION ORDERS
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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)
previous_gazette_ref
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
Source Gazette
Vol. CXXIII No. 215
Published 1st March 2021