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GAZETTE NOTICE NO. 16382

GAZETTE NOTICE NO. 16382

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— Motorology Limited, George Naibaltau, Amos Mwangi Ndungu, Amica Sacco and Dimkes Sacco that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E41 of 2023 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. E41 OF 2023 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 OF THE FOLLOWING MOTOR VEHICLES 5470 5470 i. KDA 639A REGISTERED IN THE NAME OF MOTOROLOGY LIMITED. ii. KBX.496G REGISTERED IN THE NAME OF GEORGE NTIITI NAIBALTAU. iii. KDC 429B REGISTERED IN THE NAME OF AMOS MWANGI NDUNGU. iv. KCY 830K JOINTLY REGISTERED IN THE NAME OF AMOS MWANGI NDUNGU AND AMICA SACCO v. KCT 534U JOINTLY REGISTERED IN THE NAME OF AMOS MWANGI NDUNGU AND DIMKES SACCO -BETWEEN- ASSETS RECOVERY AGENCY……………………Applicant VERSUS MOTOROLOGY LIMITED……………..……..First Respondent GEORGE NABAILTAU……………………….Second Respondent AMOS MWANGI NDUNGU…………………Third Respondent AMICA SACCO………………………………Fourth Respondent DIMKES SACCO………………………………Fifth Respondent IN CHAMBERS ON 16TH NOVEMBER, 2023 BEFORE HON. LADY JUSTICE E.N. MAINA ORDER THIS MATTER COMING UP before Honourable Lady Justice E. N. Maina on the 16th November, 2023 for directions of the Originating Motion dated the 16th November, 2023 brought by Counsel for the Applicant under sections 81 and 82 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 of the Civil Procedure Rules, and all other enabling provisions of the law and upon reading the Supporting Affidavit of Isaac Collins Ipapo and all the annexures thereto: Exparte IT IS HEREBY ORDERED: - 1. THAT this Application be and is hereby certified urgent. 2. THAT preservation orders and seizure be and are hereby issued on the following motor vehicles registration numbers: i. KDA639A registered in the name of Motorology Limited. ii. KBX496G registered in the name of George Ntiiti Naibaltau. iii. KDC429B registered in the name of Amos Mwangi Ndungu. iv. KCY830K jointly registered in the name of Amos Mwangi Ndungu and Amica SACCO. v. KCT534U jointly registered in the name of Amos Mwangi Ndungu and Dimkes SACCO. 3. THAT the orders be served upon the Respondent within twenty-one (21) days. 4. THAT the orders shall subsist for a period of ninety (90) days. 5. THAT mention on the 12th of March, 2024. IT IS SO ORDERED. GIVEN under my hand and the seal of this Honourable Court this 16th day of November, 2023. ISSUED at NAIROBI this 16th day of November, 2023. 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, 2023. ALICE M. MATE, PTG 1081/23-24 Director.

Dated the 16th November, 2023.

ALICE M. MATE,

PTG 1081/23-24 Director.

Extracted Entities (1)

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16382

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 1081/23-24 Director
Date Signed
16th November 2023
Page
37
Extraction Method
regex