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GAZETTE NOTICE NO. 16713

GAZETTE NOTICE NO. 16713

THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

(Cap. 59A)

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 (1) Josephine Osinde Musonye, (2) Joash Musonye Esegeli and (3) Joseph Kioko Ndongoi, that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E47 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 HCACEC MISC NO. E47 OF 2025 AGENCY DIRECTOR, ASSET RECOVERY AGENCY…APPLICANT -VERSUS- Josephine Osinde Musonye…………………………….1st Respondent Joash Musonye Esegeli…..……………………………2nd Respondent Joseph Kioko Ndongoi…..…………………………….3rd Respondent ORDERS(COURT DOCUMENT) Upon consideration of the application dated the 27th October, 2025, brought by way of Certificate of Urgency under sections 53 (1), 81 (1) and (2) and 82 (1) and (2) (b) of the Proceeds of Crime and Anti–Money Laundering Act 2009, Order 51 Rule 1 of the Civil Procedure Rules, 2010, Article 40 (6) of the Constitution, 2010, and all 14th November, 2025 THE KENYA GAZETTE other enabling provisions of the law and upon reading the affidavit in support of the motion by IP Bedford Muriuki; It is ordered as follows: (a) That the matter is certified as urgent. (b) That an order be and is hereby issued in the nature of a preservation order in terms of section 82 of the Proceeds of Crime and Anti-Money Laundering Act, 2009 prohibiting, enjoining or restraining the 1st Respondent whether by herself or her agents, bankers, employees or otherwise howsoever from transacting, withdrawing, transferring, using to dissipation or otherwise dealing in any manner whatsoever with KSh. 34,279,314.25 held in KCB Bank account No. 1327517248 in the name of Josephine Musonye. (c) That an order be and is hereby issued in the nature of a preservation order in terms of section 82 of the Proceeds of Crime and Anti-Money Laundering Act, 2009, prohibiting, enjoining or restraining the 1st Respondent, whether by herself or her agents, bankers, employees or otherwise howsoever from transacting, withdrawing, transferring, using to dissipation or otherwise dealing in any manner whatsoever with such interest, profits or benefits derived or accrued from the monies held in KCB Bank account No. 1327517248 in the name of Josephine Musonye: (d) That an order be and is issued in the nature of a preservation order in terms of section 82 of the Proceeds of Crime and Anti- Money Laundering Act, 2009, prohibiting, enjoining or restraining the Respondents, whether by themselves or their agents, employees or otherwise, from selling. transferring, disposing of, encumbering, or otherwise interfering with the possession and/ or ownership of Motor Vehicle Registration Nos: (i) KDU 104B Corolla Fielder DBA - NRE161G Chassis No. NRE161 - 0082557; and (ii) KDU 273C Toyota S. Wagon DBA - ZSU60W Chassis No. ZSU60 - 0181849. (e) That an order be and is issued directing the 2nd and 3rd Respondents, being the respective registered owners of Motor Vehicle Registration Nos: (i) KDU 104B Corolla Fielder DBA - NRE161G Chassis No. NRE161 - 0082557: and (ii) KDU 273C Toyota S. Wagon DBA - ZSU60W Chassis No. ZSU60 - 0181849; to deliver, hand over, or surrender the said Motor Vehicles, their ignition keys and logbooks to the Applicant within seven (7) days of service of the orders of this Honourable Court: (f) That an order be and is issued authorizing IP Bedford Muriuki, being a police officer attached to and working the Assets Recovery Agency, to seize or take possession of Motor Vehicle Registration Nos: (i) KDU 104B Corolla Fielder DBA-NRE161G Chassis No. NRE161 - 0082557; and (ii) KDU 273C Toyota S. Wagon DBA- Chassis No. ZSU60 - 0181849; and deliver or surrender the Motor Vehicles to the Agency Director or such officer as the Agency Director may nominate for safe keeping and management. (g) That an order be and is hereby issued directing the Director General, National Transport and Safety Authority, to register a caveat against the records of Motor Vehicles Registration Nos: (i) KDU 104B Corolla Fielder DBA-NRE161G Chassis No. NRE161-0082557; and (ii) KDU 273C Toyota S. Wagon DBA-ZSU60W Chassis No. ZSU60- 0181849. GIVEN under my HAND and SEAL of this Honourable Court this 28th October, 2025. Penal Notice: Take notice that any disobedience or non- observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same SIGNED BY: HON. LADY JUSTICE LUCY NJUGUNA Dated the 30th October, 2025. MARK OGONJI, SO5196 Ag. Director Assets Recovery Agency.

Dated the 27th October, 2025.

MARK OGONJI,

SO5196 Ag. Director Assets Recovery Agency.

Extracted Entities (1)

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16713

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
Cap. 59A
Section
section 83 (1)
Signed By
MARK OGONJI
Title
SO5196 Ag. Director Assets Recovery Agency
Date Signed
27th October 2025
Page
62
Extraction Method
regex