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GAZETTE NOTICE NO. 2511

GAZETTE NOTICE NO. 2511

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— Anwar Ali Omar that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E4 of 2024 as specified in the Schedule hereto: REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS APPLICATION NO. E4 OF 2024 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 in the Matter of Preservation Orders for: Land Reference Portion No. 13741 Measuring 0.0593 in Size and 22.91m by 26.3 in 1st March, 2024 THE KENYA GAZETTE dimensions and Developments on it Known as Casuarina Plaza AND BETWEEN ASSETS RECOVERY AGENCY—Applicant VERSUS ANWAR ALI OMAR—Respondent IN CHAMBERS ON 7TH FEBRUARY, 2024 BEFORE HON. LADY JUSTICE E. N. MAINA ORDER THIS MATTER coming up before Honourable Lady Justice E. Maina on 7th February, 2024 for directions of Originating Motion dated 6th day of February, 2024 brought by Counsel for the Applicant under Sections 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 enabling provisions of the law, and Upon Reading the supporting affidavit of Cpl. Isaac Nakitale sworn on 6th day of February, 2024 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT this application be and is hereby certified urgent. 2. THAT Preservation Orders be and are hereby issued prohibiting the Respondent and/or his employees, agents, servants, representatives or any other persons acting on his behalf from dealing in any manner with the following parcel of land and properties or developments, improvements and structures thereon; (a) Land reference portion number 13741 measuring 0.0593 in size and 22.91m by 26.3 in dimensions and developments on it known as Casuarina Plaza. 3. THAT a Preservation Order be and is hereby issued preserving any rental income, benefits, profits accruing from all rental apartments known as Casuarina Plaza erected upon land reference portion number 13741 measuring 0.0593 in size and 22.91m by 26.3 in dimensions and direct that the same be deposited in the Assets Recovery Agency deposit Account No. 1240221339 held at Kenya Commercial Bank, KICC Branch pending hearing and determination of the intended forfeiture application. 4. THAT the Respondent be and is hereby ordered to surrender the Title/ownership documents of the properties specified in prayer 2 above. 5. THAT an order be and is hereby issued directing the Chief Land Registrar do issue to register a caveat against the records of the property specified in prayer 2 above. 6. THAT the Preservation orders shall remain in force for a period of ninety (90) days as provided in section 84 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). 7. THAT the orders granted be served upon the Respondent within 21 days as provided in section 83 (1) of the Proceeds of Crime and Anti-Money Laundering Act. GIVEN under my hand and the seal of the Honorable Court this 7th day of February, 2024. ISSUED at NAIROBI this 13th day of July, 2023. DEPUTY REGISTRAR, High Court, Anti-Corruption and Economic Crimes Division. PENAL NOTICE Take notice that if you, the above named respondents 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 February, 2024. ALICE M. MATE, PTG No. 1736/23-24 Director.

Dated the 19th February, 2024.

ALICE M. MATE,

PTG No. 1736/23-24 Director.

Extracted Entities (1)

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2511

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 No. 1736/23-24 Director
Date Signed
19th February 2024
Page
34
Extraction Method
regex