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GAZETTE NOTICE NO. 12943

GAZETTE NOTICE NO. 12943

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— Felesta Nyamathira Njoroge that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E36 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 MISC. APPLICATION NO. E36 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 Part IV —Additional Information Give any other information you may consider relevant and useful to your request Part V —Declaration by Applicant , solemnly declare that the information I have given above is true, complete and correct to the best of my knowledge. Date: Signature of Applicant APPENDIX II ACKNOWLEDGEMENT OF REQUEST FOR ACCESS FOR A DECLARATION OR CLARIFICATION Name of Applicant National Identity Card/Passport Number Name of Organization (where applicable) Postal Address Date of Application Delivered by Signature A response on this request will be communicated within thirty (30) days from the date of this acknowledgement. Name of Receiving Officer• In the Matter of Preservation of Funds of. USD 914,967.60 held in Account No. 02100705531800 at Co- operative Bank in the name of Felesta Nyamathira Njoroge BETWEEN Asset Recovery Agency Applicant VERSUS Felesta Nyamathira Njoroge Respondent ORDER THIS MATTER COMING UP before Honourable Lady Justice E. Maina on the 17th November, 2021, for directions of Originating Motion dated the 16th November, 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 other enabling provisions of the law and upon reading the supporting affidavit of NO. 60040 S/SGT. Fredrick Musyoki and annexures thereof:- Exparte IT IS HEREBY ORDERED: - 1. THAT this application dated 16th November, 2021, be and is hereby certified urgent. 2. THAT preservation orders be and are hereby issued prohibiting the Respondent and/or her representatives, employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/or dealing in any manner howsoever in respect of funds held in the following account: (i) USD 914,967.60 held in Account No. 02100705531800 at Co-operative Bank in the Name of Felesta Nyamathira Njoroge. 3. THAT preservation orders be and are hereby issued prohibiting the Respondent, her employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, 26th November, 2021 THE KENYA GAZETTE 6523 transferring and/or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the funds specified under order 2 above. 4. THAT the preservation orders shall last for ninety days from the date on which notice of its making is published in the Kenya Gazette as provided in section 84 of Proceeds of Crime and Anti- Money Laundering Act (POCAMLA) 5. THAT an order be and is hereby issued in terms of Section 82 (3) of Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). GIVEN under my hand and seal of the Honorable court this 17th day of November, 2021. ISSUED at NAIROBI this 17th day of November, 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 17th November, 2021. COL. ALICE M. MATE, PTG 930/21-22 Director.

Dated the 16th November, 2021.

COL. ALICE M. MATE,

PTG 930/21-22 Director.

Extracted Entities (1)

previous_gazette_ref

12943

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 83 (1)
Signed By
COL. ALICE M. MATE
Title
PTG 930/21-22 Director
Date Signed
16th November 2021
Page
50
Extraction Method
regex