GAZETTE NOTICE NO. 4648

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— Rigathi Gachagua and Jenne Enterprises Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. 17 of 2020 as specified in the Schedule hereto: 10th July, 2020 THE KENYA GAZETTE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS CIVIL APPLICATION NO. 17 OF 2020 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 Orders for funds held in Bank Accounts in the name of Rigathi Gachagua as follows: KSh. 165,000,000 in Account No. 0012070000198 at Rafiki Micro Finance Bank, KSh. 35,000,000 in Account No. 01420000047 at Rafiki Micro Finance Bank, KSh. 773,228.33 in Account No. 0012010006030 at Rafiki Micro Finance Bank AND IN THE MATTER OF: KSh. 1,138,142.95 in Account No. 0142020000511 at Rafiki Micro Finance Bank in the name of Jenne Enterprises -BETWEEN- ASSETS RECOVERY AGENCY …………………………..Applicant -VERSUS- RIGATHI GACHAGUA ………………………………1st Respondent JENNE ENTERPRISES LIMITED ……......................2nd Respondent IN CHAMBERS ON 25TH JUNE, 2020 BEFORE HON. JUSTICE J. N. ONYIEGO ORDER UPON READING the application dated the 25th June, 2020 presented to this Court on the 25th June, 2020 by counsel for the applicant under sections 81 and 82, of the Proceeds of Crime and and Anti-Money Laundering Act and Order 51 rule 1 of the Civil Procedure Rules AND UPON READING the Supporting Affidavit sworn by No. 600040 S/SGT FREDRICK MUSYOKI Together with the annexures thereto; IT IS HEREBY ORDERED:- 1. THAT the application be and is hereby certified urgent. 2. THAT preservation orders be and are hereby issued prohibiting the 1st Respondent, his employees, agents, servants or any other persons acting on his behalf from transacting, withdrawing, transferring, and/or dealing in any manner howsoever in respect of funds held in the following accounts: (a) KSh. 165,000,000 held in Account No. 0012070000198 at Rafiki Micro Finance Bank in the name of Rigathi Gachagua. (b) KSh. 35,000,000/- held in Account No. 014207000047 at Rafiki Micro Finance Bank in the name of Rigathi Gachagua. (c) KSh. 773,228.33 held in Account No. 0012010006030 at Rafiki Micro Finance Bank in the name of Rigathi Gachagua. 3. THAT preservation orders be and are hereby issued prohibiting the 2nd Respondent, its employees, agent’s servants or any other persons acting on its behalf from transacting, withdrawing, transferring, and/or dealing in any manner howsoever in respect of KSh. 1,138,142.95 held in Account No. 0142020000511 at Rafiki Micro Finance Bank in the name of Jenne Enterprises. 4. THAT preservation orders be and are hereby issued prohibiting the Respondents, their employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the funds specified above. 5. THAT the Agency/Applicant to issue the preservation notice within 21 days pursuant to section 83 of the POCAMLA. 6. THAT the preservation orders shall be in force for a period of 90 days. 7. THAT the Director, Assets Recovery Agency to gazette the preservation notice as provided under section 84 of POCAMLA. GIVEN under my hand and the seal of the court this 25th June, 2020. ISSUED at Nairobi this …………….. day of …………. 2020. DEPUTY REGISTRAR HIGH COURT OF KENYA NAIROBI 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 25th June, 2020. MUTHONI KIMANI, MR/0744637 Director, Assets Recovery Agency.