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GAZETTE NOTICE NO. 10302

GAZETTE NOTICE NO. 10302

THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

(No. 9 of 2009)

DECLARATION


IN EXERCISE of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Registrar, High Court gives notice to: Faith Jamatia Kiptis, THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and economic crimes Division) ACEC Suit E3 of 2023 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION ACECS NO. E3 OF 2023. Ethics And Anti–Corruption Commission………..………..…..Plaintiff VS Faith Jamatia Kiptis………………………………...……..…Defendant DECREE PRAYERS SOUGHT IN THE PLAINT DATED 18TH JANUARY, (a) A declaration that the sum of KSh. 67,664,975.00 was fraudulently embezzled from the National Treasury and Planning. (b) An order directing payment from the plaintiff of KSh. 67,664,975.00, fraudulently embezzled from the National Treasury and Planning by the defendant. (c) In the alternative and without prejudice to the foregoing, an order for forfeiture of KSh. 2,443,667.92 held at Equity Bank Kenya Limited, account number 0240194939223, to the plaintiff in partial fulfillment of the judgment sum in paragraph (b) above. (d) Further and without prejudice to the foregoing and prayer (c) above, an order for forfeiture of KSh. 6,320,419.80 held at Kenya Commercial Bank Limited account No. 1237040787 to the plaintiff in partial fulfillment of the judgment sum in paragraph (b) above. (e) Further and without prejudice to prayers (c) and (d) above, an order for payment of KSh. 11,600,000.00, which was used to purchase the following properties: (i) Plot No. MN/1/21990 measuring approximately 1/8 of an acre situated in Shanzu, Mombasa, purchased at KSh. 6,400,000.00; (ii) Sub plot No. 32 and 33 sub-divided from the title No. Kilifi/Mtondia/114, measuring approximately 1/8 of an acre, purchased at KSh. 1,500,000.00; and (iii) Apartment number K51, Block K, contained in LR No. 12581; I.R 212637 purchased at KSh. 3,700,000.00. (f) In the alternative to prayer (e) hereinabove, an order directing the sale by way of public auction of the properties described therein to realise a sum of KSh. 11,600,000.00/= applied towards the acquisition of the said assets. (g) Further and without prejudice to the foregoing, payment of a sum of KSh. 47,300,887.28 to the plaintiff, being the balance outstanding upon satisfaction of prayers (c), (d), and (e) above. (h) Costs of this suit. (i) Interest on (b), (c), (d), (e), and (g) above at court rates from the date this cause of action arose until payment in full. (j) Any other order or further relief that the court may deem fit to grant. THIS MATTER coming up for Judgment before Hon. Justice B. M. Musyoki on the 15th July, 2025, for the plaint dated 18th January, 2023. In the presence of counsel for the Plaintiff and Defendant, It Is Hereby Decreed as Follows, (a) THAT a declaration be and is hereby issued that the sum of KSh. 67,664,975.00 paid to the defendant by the National Treasury as taskforce allowances, extraneous allowances, facilitation allowances, and other allowances between February, 2020 and June, 2022 was unlawful and irregular. (b) THAT judgment be and is hereby entered for the plaintiff against the defendant for a sum of KSh. 67,664,975.00 being the sum declared irregular in (a) above, plus interest thereon at court rates from the date of filing this suit until payment in full. (c) THAT the sums of KSh. 2,443,667.92 held at Equity Bank of Kenya Limited account No. 0240194939223 and KSh. 25th July, 2025 THE KENYA GAZETTE 6,320,419.80 held at Kenya Commercial Bank Limited account No. 1237040787 or any other sum in the stated bank accounts be and are hereby forfeited to the government through the plaintiff towards partial settlement of the decretal sum in b) above with the plaintiff at liberty to execute for the balance thereof. (d) THAT the defendant shall pay the costs of the suit. GIVEN under my hand and the seal of this Honourable Court this 15th day of July, 2025. ISSUED at Nairobi this...….…. day of July, 2025. DEPUTY REGISTRAR, High Court of Kenya, Anti-Corruption and Economic Crimes Division. Dated the 17th July, 2025. CLARA OTIENO- OMONDI, Registrar, High Court of Kenya.

Dated the 17th July, 2025.

CLARA OTIENO- OMONDI,

Registrar, High Court of Kenya.

Extracted Entities (1)

previous_gazette_ref

10302

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 92 (5)
Signed By
CLARA OTIENO- OMONDI
Title
Registrar, High Court of Kenya
Date Signed
17th July 2025
Page
42
Extraction Method
regex