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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 8745
GAZETTE NOTICE NO. 8745
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—
Lawrence Magubo and Auto Direct Limited that the High Court has
issued preservation orders in Nairobi High Court Miscellaneous
Application NO. E034 of 2022 as specified in the Schedule hereto:
R E P U B L I C O F K E N Y A
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
MISCELLANEOUS APPLICATION NO E34 OF 2022
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-
IN THE MATTER OF: Preservation Orders for Motor Vehicle
Registration No. KBU 130W Chassis No.
SCP100-0013089
-BETWEEN-
ASSETS RECOVERY AGENCY……………………APPLICANT
-VERSUS-
LAWRENCE MAGUBO ……………………...........RESPONDENT
AUTO DIRECT LIMITED …….…………...INTERESTED PARTY
IN CHAMBERS ON 12TH JULY, 2022
BEFORE HON.LADY JUSTICE E.N.MAINA
ORDER
THIS MATTER COMING UP before Honourable Lady Justice E.
Maina on 12th July, 2022, for directions of Originating Motion 4th July,
2022 brought by Counsel for the Applicant Under Section 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 Isaac Nakitale and
annexures thereof: -
Exparte
IT IS HEREBY ORDERED: -
1. THAT preservation orders be and is hereby issued prohibiting
the Respondent and the Interested Party and/or their employees, agents,
servants or any other persons acting on their behalf from selling,
transferring or disposing off or any other dealings in any manner with
the following motor vehicle registration number KBU 130W Toyota
Ractis, Chassis Number SCP100-0013089 registered in the name of
AUTO DIRECT LIMITED.
2. THAT preservation Orders be and are hereby issued to the
Respondent and/or the Interested Party to surrender the original
logbook of the motor vehicle specified in prayer 1 above to the
Applicant within 7 days herein.
3. THAT the motor vehicle specified in prayer 1 above to the
Applicant be and is hereby surrendered to the custody of the applicant
with immediate effect.
4. THAT an Order be and are hereby issued directing the Director
General of National Transport and Safety Authority to register caveat
against the record of the motor vehicle specified in order 1 above.
5. THAT these orders shall subsist for a period of (90) days as
provided in Section 84 of Proceeds of Crime and Anti-Money
Laundering Act (POCAMLA) or until further orders of the trial court
whichever comes earlier.
GIVEN under my hand and seal of the Honorable court this 12th day of
July, 2022
ISSUED at NAIROBI this 13th day of July, 2022
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 19th July, 2022.
ALICE M. MATE,
PTG 167/22-23 Director.
Dated the 19th July, 2022.
ALICE M. MATE,
PTG 167/22-23 Director.
Extracted Entities (1)
previous_gazette_ref
8745
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83(1)
- Signed By
- ALICE M. MATE
- Title
- PTG 167/22-23 Director
- Date Signed
- 19th July 2022
- Page
- 23
- Extraction Method
- regex
Source Gazette
Vol. CXXIV No. 141
Published 5th May 2022