GAZETTE NOTICE NO. 11039

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– Fumbisha Ilunga Yves THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and economic crimes Division) No. E023 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. E23 OF 2023 ASSETS RECOVERY AGENCY—(Applicant) -VERSUS- FUMBISHA ILUNGA YVES — (Respondent) DECREE CLAIM FOR IN THE APPLICATION: 1. THAT this Honorable court be pleased to issue an order declaring KSh. 3,732,199.84 held in Account Number 0785040012175 at Post Bank Limited in the name of the Respondent as proceeds of crime liable for forfeiture. 2. THAT the Honorable court be pleased to issued orders of forfeiture of the funds held in the Respondent’s account in prayer 1 above to the Assets Recovery Agency on behalf of the Government. 3. THAT this Honorable court be please to issue an order that the said funds be transferred to the Applicants Deposit Account for recovered criminal assets fund, Account Number 1240221339 at Kenya Commercial Bank. 4. THAT this court do make any other ancillary orders it may deem fit and necessary for the proper and effective execution of it`s orders. 5. THAT costs be provided for. THIS MATTER coming up on 15th July, 2024 before Hon. Justice Francis Gikonyo for Judgment on the Application dated 13th September, 2023 brought by the Counsel for the Applicant under Sections 90 and 92 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 of the Civil Procedure Rules and all enabling provisions of the law. IN THE PRESENCE of Counsels for the Applicant and Respondent. IT IS HEREBY DECREED: 1. THAT in accordance with Section 92 of POCAMLA, the funds are therefore, proceeds of crime, and be and are hereby forfeited to the state. 2. THAT the said funds shall be transferred to the Applicant’s account for forfeited funds. 3. THAT the Respondent shall bear the costs of the application. GIVEN under my Hand and the Seal of this Honorable Court this 15th day of July, 2024. ISSUED at Nairobi this 25th day of July , 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.