GAZETTE NOTICE NO. 11038

IN EXERCISE of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Registrar High Court gives notice to – Micheal Auka Ajwang The Hydeout Riviera Limited THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and economic crimes Division) No. E12 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 ACEC SUIT NO. E12 OF 2023. ETHICS & ANTI - CORRUPTION COMMISSION—(Plaintiff) VERSUS MICHEAL AUKA AJWANG—(1st Respondent) THE HYDEOUT RIVIERA LIMITED—(2nd Respondent) AND SIPROSE AKINYI AJWANG—(1st Interested Party) BARVE OUMA AJWANG—(2nd Interested Party) FELXI OMONDI OJWANG—(3rd Interested Party) GEOFFREY OGUNA AJWANG—(4th Interested Party) MARY AGIK—(5th Interested Party) BRENDA AJWANG—(6th Interested Party) VIVIAN AMONDI AJWANG—(7th Interested Party) BERYL AJWANG—(8th Intersted Party) CONSENT DECREE PRAYERS SOUGHT IN THE ORIGINATING MOTION DATED 16/5/2023 1. This application is certified as urgent and admitted to hearing ex-parte in the first instance. 2. Pending the hearing and determination of this application inter- partes, a temporary injunction is issued restraining the Defendants/Respondents by themselves, their servants, agents or any other person from transferring, and/or disposing of, howsoever described, the following properties; Motor Vehicle Registration Number KDC 159A; KDD 299K; KBV 015M; KCX 399C; KCJ 611F; KDD 299U; KDH 167T; KCH 091; KDE 188U; KCU 264S; Parcel of land known as; South Sakwa/Barkawino/6934; Siaya Mahaya/2026; Siaya/Mahaya/2027; Siaya/Mahaya/2028; Siaya/Mahaya/2020; Kisumu/Municipality Block 20/591; Kisumu/Reru/1454; Kisumu/Ngere/756; Utawala Estate Phase 1 Bearing Reference No. 7340/92 /67; Plot Certificate No.168. 3. Pending the hearing and determination of this application inter- partes, a temporary injunction is issued restraining the Defendants/Respondents by themselves, their servants, agents or any other person from demanding KSh.799.000 seized pursuant to a search conducted by the Plaintiff/Applicant in Miscellaneous Criminal Application Number E1773 of 2022. 4. Pending the hearing and determination of this suit, a temporary injunction is issued restraining the Defendants/Respondents by themselves, their servants. agents or any other person from transferring, and/or disposing of. howsoever described, the following properties Motor Vehicle Registration Number KDC 159A; KDD 299K; KBV 015M; KCX 399C; KCJ 611F; KDD 299U; KDH 167T; KCH 091; KDE 188U; KCU 264S; Parcel of land known as; South Sakwa/Barkawino/6934; Siaya Mahaya/2026; Siaya/Mahaya/2027; Siaya/Mahaya/2028; Siaya/Mahaya/2020; Kisumu/Municipality Block 20/591; Kisumu/Reru/1454; Kisumu/Ngere/756; Utawala Estate Phase 1 Bearing Reference No. 7340/92/67; Plot Certificate No.168. 5. Pending the hearing and determination of this suit, a temporary injunction is issued restraining the Defendants/Respondents by themselves, their servants, agents or any other person from demanding KSh. 799,000 seized pursuant to a search conducted by the Plaintiff/Applicant in Miscellaneous Criminal Application Number E 1773 of 2022 6. Any other order that the court may deem fit and just to grant. 7. Costs of this application be provided for. THIS MATTER coming for mention to confirm settlement vide the consent dated 15th July, 2024 . In presence of Mr. Wambugu for the Plaintiff, Mr. Odhiambo and Ms. Okoth for the Defendants and Mr. Omamo for the Interested Parties. IT IS HEREBY DECREED AS FOLLOWS, 1. THAT KSh. 22,000,000 being cost of parcel number South Sakwa/Barkawino/6934 to be paid to the Plaintiff by the Defendants within 30 days from the date of entry of this judgment. 2. THAT KSh. 176,000,000 being costs of developments of The Hydeout Riviera Hotel, to be paid to the Plaintiff by the Defendants within 12 months from the date of this judgment. 3. THAT in default thereof, The Hydeout Riviera Hotel, measuring approximately 0.19 Ha be hived off from Parcel Number Kisumu/Reru/1453 and the Plaintiff be at liberty to execute and the decretal sum to accrue interest at 12% per annum. THE KENYA GAZETTE 30th August, 2024 4. THAT the sum of KSh. 799,000 cash seized from the Defendants be forfeited to the Plaintiff. 5. THAT there be liberty to apply. 6. THAT the injunctive orders issued at this court on 1st August, 2023 be lifted. GIVEN under my HAND and the SEAL of this Honorable Court this 16th day of July, 2024. ISSUED at Nairobi this 1st day of August, 2024. ADELAIDE SISENDA, Deputy Registrar, High Court of Kenya Anti-Corruption and Economic Crimes Division, Nairobi. Dated the 12th August, 2024. C. O. OMONDI, Registrar, High Court of Kenya.