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PRESERVATION ORDERS
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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)
previous_gazette_ref
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
Source Gazette
Vol. CXXVII No. 231
Published 23rd March 2025