GAZETTE NOTICE NO. 17005

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: CAROLINE NYAMBURA NGUGI THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and Economic Crimes Division) Civil Application No. E30 Of 2023 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION CIVIL APPLICATION NO. E30 OF 2023 ASSETS RECOVERY AGENCY—(Applicant) VERSUS CAROLINE NYAMBURA NGUGI—(Respondent) DECREE ORDERS SOUGHT BY THE APPLICANT (a) THAT this Honourable Court be pleased to issue an order declaring that motor vehicle registration number KDA 071S, Mercedes Benz, Station Wagon, Chassis/Frame Number WDD2462422J187428, Engine No. 270 91030218351 is a proceed of crime liable for forfeiture to the Applicant; (b) THAT this Honourable Court be pleased to issue orders of forfeiture of the following motor vehicle to the Assets Recovery Agency on behalf of the Government; KDA 071S, Mercedes Benz, Station Wagon, Chassis/Frame No. WDD2462422J187428, Engine No. 270 91030218351; (c) THAT this Honourable Court be pleased to issue an order that the above motor vehicle be forfeited to the Government of Kenya and transferred to the Assets Recovery Agency; (d) THAT this Honourable Court to issue an order directing the Director NTSA to transfer ownership in the logbook of the motor vehicle in prayers 1 and 2 above in the name of the Interested Party in favour of the Assets Recovery Agency; (e) THAT this court do make any other ancillary orders it considers appropriate to facilitate the transfer of the property forfeited to the Applicant; (f) THAT costs be provided for. THIS MATTER coming for the Judgement of the Applicant’s Originating Motion Application dated 24th October, 2023; and upon reading the Supporting Affidavit of the Applicant sworn on 24th October, 2023, the Applicant’s Grounds of Opposition dated 19th April, 2024; the Supplementary Affidavit of the Applicant sworn on 22nd April, 2024; and the Applicant’s Further Supplementary Affidavit sworn on 15th August, 2024; and upon reading the Respondent’s Statement of Grounds of Opposition dated 29th February, 2024; the Respondent’s Replying Affidavit sworn on 13th March, 2024; and the Respondent’s Further Replying Affidavit sworn on 25th July, 2024; and upon reading and considering the Parties’ Written Submissions: IT IS HEREBY ORDERED AND DECREED AS FOLLOWS: (i) THAT a declaration that Motor Vehicle Registration Number KDA 071S is a proceed of crime and is hereby forfeited to Government of the Republic of Kenya. (ii) THAT the Director-General, National Transport and Safety Authority is hereby directed to transfer to the Asset Recovery Agency and register the proprietary interest in respect of Motor Vehicle Registration Number KDA 071S and issue a registration certificate thereto. (iii) THAT costs of the suit are awarded to the Applicant. GIVEN under my hand and the seal of this Court this 7th day of November, 2024. ISSUED at NAIROBI this 13th day of December, 2024. E. GAITHUMA, Deputy Registrar, High Court of Kenya, Anti-Corruption and Economic Crimes Division Nairobi. Dated the 13th December, 2024. C. O. OMONDI, Registrar, High Court of Kenya.