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GAZETTE NOTICE NO. 8908

GAZETTE NOTICE NO. 8908

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— Jean Emmanuel Marlon, Winnie Muthoni Maina, Afrex Bridge Connections Limited, Skydive Rhino Kenya Ltd-Curlcy and Rhinojohn Prime Metal International Ltd-Curlcy that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E23 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 MISCELLANEOUS CIVIL APPLICATION NO. E23 OF 2025 In The Matter of: An Application for Orders under sections 81, 82, 84 as read with Section 131 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) as 4106 4106 read together with Order 51 of the Civil Procedure Rules. AND In the Matter of: Preservation Orders For: 1. Motor Vehicle registration No. KCW 880M, Toyota, Station Wagon, Land Cruiser, Chassis No. URJ202-4127377 in the name of jean Emmanuel Morlon. 2. Motor Vehicle registration No. KDJ 035Q, Land Rover, Pickup, Defender 110, Chassis No. SALLDVAD7AA289944 in the name of Jean Emmanuel Morlon. 3. Motor Cycle registration No. KMGH 236F, BMW, Model No. R1250GSA, chassis No. WB10M1109N6F74240 in the name of Jean Emmanuel Morlon. 4. Motor Cycle registration No. KMEG 488M, make KTM, model 690 Enduro R, Chassis No. VBKLET407HM707822 in the name of Winnie Muthoni Maina. In The Matter of: Preservation Orders For: 1. KSh. 39, 833.84 held in Account No. 0420117001 at Diamond Trust Bank in the name of Rhinojohn Prime Metal International Ltd-Curlcy. 2. KSh. 2, 070.28 held in Account No. 0754393001 At Diamond Trust Bank in the name of Afrex Bridge Connections Ltd-Curlcy. 3. KSh. 14, 454.50 held in Account No. 0886589001 At Diamond Trust Bank in the name of Skydive Rhino Kenya Ltd-Curlcy. 4. USD 36, 200.32 held in Account No. 0754393002 At Diamond Trust Bankin the name of Afrex Bridge Connections Ltd-Curlcy. BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS JEAN EMMANUEL MARLON—(First Respondent) WINNIE MUTHONI MAINA—(Second Respondent) AFREX BRIDGE CONNECTIONS LTD—(Third Respondent) SKYDIVE RHINO KENYA LTD-CURLCY—(Fourth Respondent) RHINOJOHN PRIME METAL INTERNATIONAL LTD- CURLCY—(Fifth Respondent) IN CHAMBERS ON 13TH JUNE, 2025 BEFORE HON. JUSTICE B. M. MUSYOKI ORDER 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 a preservation order be granted against the Respondents and/or their employees, agents, servants, representatives or any other persons acting on their behalf from selling/ charging/ mortgaging/ transferring/ disposing or any other dealing in any other manner with the following motor vehicles and motorcycles— (a) Motor Vehicle registration No. KCW 880M, Toyota, Station Wagon, Land Cruiser, Chassis No. URJ202-4127377 in the name of Jean Emmanuel Morlon; (b) Motor Vehicle registration No. KDJ 035Q, Land Rover, Pickup, Defender 110, Chassis No. SALLDVAD7AA289944 in the name of Jean Emmanuel Morlon; (c) Motor cycle registration No. KMGH 236F, Make BMW, Model No. R1250GSA, Chassis No. WB10M1109N6F74240 in the name of Jean Emmanuel Morlon; (d) Motor cycle registration number KMEG 488M, Make KTM, Model 690 Enduro R, Chassis No. VBKLET407HM707822 in the name of Winnie Muthoni Maina; 3. THAT the 1st and 2nd Respondents be directed to surrender the original logbooks of the motor vehicles and the motorcycles specified in prayer 2 above to the Applicant forthwith. 4. THAT in the event the Respondents fails to surrender the above motor vehicle and motorcycles as specified in order 2, the Applicant be ordered to seize and detain the motor vehicles and motorcycles specified therein. 5. THAT an order be issued directing the Director General of the National Transport and Safety Authority to register a caveat against the records of each the motor vehicles and motorcycles specified in order 2 above. 6. THAT this Honourable Court be pleased to issue a Preservation and transfer orders of the following funds in the name of the 3rd, 4th and 5th Respondents— (a) KSh. 39, 833.84 held in account No. 0420117001 at Diamond Trust Bank in the name of RhinoJohn Prime Metal International Ltd-Curlcy; (b) KSh.. 2, 070.28 held in account No. 0754393001 at Diamond Trust Bank in the name of Afrex Bridge Connections Ltd- Curlcy; (c) KSh. 14, 454.50 held in account No. 0886589001 at Diamond Trust Bank in the name of Skydive Rhino Kenya Ltd-Curlcy; (d) USD 36, 200.32 held in account No. 0754393002 at Diamond Trust Bank the name of Afrex Bridge Connections Ltd-Curlcy; 7. THAT the Honourable Court be pleased to issue an order that the KSh. 39, 833.84, KSh. 2, 070.28 and KSh. 14, 454.50 and specified in prayer 6 above be deposited into the Criminal Assets Recovery Fund Account No. 1240221339 held at Kenya Commercial Bank Limited, KICC Branch. 8. THAT the Honourable Court be pleased to issue an order that the USD 36, 200.32 and specified in prayer 6 above be deposited into the Criminal Assets Recovery Fund Account No. 1292910038 held at Kenya Commercial Bank Limited, KICC Branch. 9. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair effective execution of these orders. 10. THAT the costs be provided for. Ex-Parte; UPON READING the Application dated 5th June, 2025, brought under certificate of urgency by Counsel for the Applicant under Sections 81, 82, 84, and 131 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 COLLINS IPAPO sworn on 5th June, 2025 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT a Preservation order be and is hereby granted against the Respondents and/or their employees, agents, servants, representatives or any other persons acting on their behalf from selling/ charging/ mortgaging/ transferring/ disposing or any other dealing in any other manner with the following motor vehicles and motorcycles— (a) Motor Vehicle registration No. KCW 880M, Toyota, Station Wagon, Land Cruiser, Chassis No. URJ202-4127377 in the name of Jean Emmanuel Morlon; (b) Motor Vehicle registration No. KDJ 035Q, Land Rover, Pickup, Defender 110, Chassis No. SALLDVAD7AA289944 in the name of Jean Emmanuel Morlon; (c) Motor cycle registration No. KMGH 236F, Make BMW, Model No. R1250GSA, Chassis No. WB10M1109N6F74240 in the name of Jean Emmanuel Morlon; (d) Motor cycle registration No. KMEG 488M, Make KTM, Model 690 Enduro R, Chassis No. VBKLET407HM707822 in the name of Winnie Muthoni Maina; 4th July, 2025 THE KENYA GAZETTE 2. THAT the 1st and 2nd Respondents be and are hereby directed to surrender the original logbooks of the motor vehicles and the motorcycles specified in Order 1 above to the Applicant forthwith. 3. THAT in the event the Respondents fails to surrender the above motor vehicle and motorcycles as specified in Order 1, the Applicant be and is hereby ordered to seize and detain the motor vehicles and motorcycles specified therein. 4. THAT an order be issued directing the Director-General of the National Transport and Safety Authority to register a caveat against the records of each the motor vehicles and motorcycles specified in Order 1 above. 5. THAT a Preservation Order be and is hereby issued of the following funds in the name of the 3rd, 4th and 5th Respondents but only to the extent that the funds shall be preserved in the named accounts without the element or aspect of transfer; (a) KSh. 39, 833.84 held in account No. 0420117001 at Diamond Trust Bank in the name of Rhino John Prime Metal International Ltd-Curlcy; (b) KSh. 2, 070.28 held in account No. 0754393001 at Diamond Trust Bank in the name of Afrex Bridge Connections Ltd- Curlcy; (c) KSh. 14, 454.50 held in account No. 0886589001 at Diamond Trust Bank in the name of Skydive Rhino Kenya Ltd-Curlcy; (d) USD 36, 200.32 held in account No. 0754393002 at Diamond Trust Bank the name of Afrex Bridge Connections Ltd-Curlcy. 6. THAT the orders shall be for a period of ninety (90) days upon publication in the gazette. GIVEN under my hand and the seal of the Honorable Court this 13th day of June, 2025. ISSUED at NAIROBI this 17th day of June, 2025. DEPUTY REGISTRAR, High Court, Anti Corruption And Economic Crimes Division, 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 26th June, 2025. MARK OGONJI, SO2975 Ag. Director-General, Assets Recovery Agency.

Dated the 26th June, 2025.

MARK OGONJI,

SO2975 Ag. Director-General, Assets Recovery Agency.

Extracted Entities (3)

company_registration

KMGH KMEG

previous_gazette_ref

8908

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 83 (1)
Signed By
MARK OGONJI
Title
SO2975 Ag. Director-General, Assets Recovery Agency
Date Signed
26th June 2025
Page
33
Extraction Method
regex