GAZETTE NOTICE NO. 5912

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— Cheme Adano Hirbo and Galgallo Yattani Halake that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application NO. E017 OF 2025 as specified in the Schedule hereto: REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISC APPLICATION NO. E17 OF 2025 In the Matter of: An Application by the Assets Recovery Agency for Orders Under sections 81, 82 and 87 of the Proceeds of Crime and Anti-Money Laundering Act (Pocamla) as read with Order 51 of the Civil Procedure Rules In the Matter of: An Application for Preservation Orders of the Following Funds and Assets: I. KSh. 455,083 held in Account No. 01192775568800 at Cooperative Bank, Kariobangi Branch in the name Cheme Adano Hirbo; II. Motor Vehicle KBK 030J, Isuzu D-Max, Van/Pickup, Chassis No. JAATFR54h97108584 registered in the name of Cheme Adano Hirbo; III. Motor Vehicle KCD 858Q, Toyota Passo, Station Wagon, Chassis No. QNCI0-0089028 registered in the name of Cheme Adano Hirbo; IV. Motor Vehicle Kcw 569G, Toyota Isis, Station Wagon, Chassis No. Zgm10-0037521 registered in the name of Galgallo Yattani Halake; V. Plot Number 21A, Measuring 40x80 Located in Mihang’o registered in the name of Cheme Adano Hirbo; VI. Plot Number 17A, Measuring 30x73 Located in Mihang’o registered in the name of Cheme Adano Hirbo; Between Assets Recovery Agency ........................................................ Applicant Versus Cheme Adano Hirbo ....................................................... 1st Respondent Galgallo Yattani Halake ................................................ 2nd Respondent In Chambers on 24th April, 2025 Before Hon. Lady Justice L.M. Njuguna Claims in the Application 1. THAT this application be certified urgent and the same be heard ex-parte on a priority basis in the first instance. 2. THAT this Honourable Court do issue Preservation Order prohibiting the 1st Respondent and/or their employees, agents, servants or any other persons acting on his behalf from transacting, transferring and/or dealing in any manner with KSh. 455,083 held in account No. 01192775568800 at Co-operative Bank in the name of the 1st Respondent; 3. THAT this Honourable Court do issue Preservation Order prohibiting the 1st and 2nd Respondents and/or their employees, agents, servants or any other persons acting on his behalf from transferring, disposing and/or dealing in any manner with the following motor vehicles; (a) Motor vehicle KBK 030J, Isuzu D-Max, Van/Pickup, chassis No. JAATFR54H97108584 registered in the name of 1st Respondent; (b) Motor vehicle KCD 858Q, Toyota Passo, station wagon, chassis No. QNCI0-0089028 registered in the name of the 1st Respondent; (c) Motor vehicle KCW 569G, Toyota Isis, Station wagon, chassis No. ZGM10-0037521 registered in the name of the 2nd Respondent; 4. THAT this Honourable Court do issue Preservation Order prohibiting the 1st Respondent and/or their employees, agents, servants or any other persons acting on their behalf from selling, transferring, mortgaging or dealing in any manner with the following assets; (a) Plot number 21A, measuring 40X80 located in Mihang’o registered in the name of the 1st Respondent; (b) Plot number 17A, measuring 30X73 located in Mihang’o registered in the name of the 1st respondent; 5. THAT the Honourable Court do issue an order directing the Applicant to seize the motor vehicles specified in prayer number 3. 6. THAT this Honourable Court do issue an order directing the Director General of the National Transport Safety Authority to register a caveat against the records of each of the motor vehicles specified in prayer number 3 above. 7. THAT this Honourable Court do issue an order directing the Chief Land Registrar to register a caveat against the records of each of the properties specified in prayer number 4 above. 8. THAT the Honourable Court makes any other ancillary orders that it may deem fit and just for proper and effective execution of its orders. 9. THAT costs be provided for. Ex-Parte; UPON CONSIDERATION of the Originating Motion dated the 17th April, 2025 brought under certificate of urgency 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 UPON READING the supporting affidavit of Mohamed Hussein sworn on the 17th April, 2025 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT a preservation order be and is hereby issued prohibiting the 1st Respondent and/or their employees, agents, THE KENYA GAZETTE 9th May, 2025 servants or any other persons acting on his behalf from transacting, transferring and/or dealing in any manner with KSh. 455,083 held in account No. 01192775568800 at Cooperative Bank in the name of the 1st Respondent; 2. THAT a preservation order be and is hereby issued prohibiting the 1st and 2nd Respondents and/or their employees, agents, servants or any other persons acting on their behalf from transferring, disposing and/or dealing in any manner with the following motor vehicles; (a) Motor vehicle KBK 030J, Isuzu D-Max, Van/Pickup, chassis No. JAATFR54H97108584 registered in the name of 1st Respondent; (b) Motor vehicle KCD 858Q, Toyota Passo, station wagon, chassis No. QNCI0-0089028 registered in the name of the 1st Respondent; (c) Motor vehicle KCW 569G, Toyota Isis, Station wagon, chassis No. ZGM10-0037521 registered in the name of the 2nd Respondent; 3. THAT a Preservation Order be and is hereby issued prohibiting the 1st Respondent and/or their employees, agents, servants or any other persons acting on their behalf from selling, transferring, mortgaging or dealing in any manner with the following assets; (a) Plot number 21A, measuring 40X80 located in Mihang’o registered in the name of the 1st Respondent; (b) Plot number 17A, measuring 30X73 located in Mihang’o registered in the name of the 1st respondent; 4. THAT an Order be and is hereby issued directing the Applicant to seize the motor vehicles specified in Order 2. 5. THAT an Order be and is hereby issued directing the Director General of National Transport and Safety Authority to register a caveat against the records of each of the motor vehicles specified in Order 2 above. 6. THAT an Order be and is hereby issued directing the Chief Land Registrar to register a caveat against the records of each of the properties specified in Order 3 above. GIVEN under my hand and the seal of this Honorable Court this 24th day of April, 2025. ISSUED at NAIROBI this 25th day of April, 2025. DEPUTY REGISTRAR, High Court Anti-Corruption and Economic Crimes Division Nairobi. PENAL NOTICE Take notice that if you, the above-named respondent 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 2nd May, 2025. MARK OGONJI, SO 1886 Ag. Director, Assets Recovery Agency.