GAZETTE NOTICE NO. 12785

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—Elias Endale Gamada, that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E39 of 2025 as specified in the Schedule hereto: R E P U B L I C O F K E N Y A IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS CIVIL APPLICATION NO. E039 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 read together with Order 51 of The Civil Procedure Rules. AND In the Matter of: Preservation Orders For: 1. Motor Vehicle Registration No. KDB 731U, Toyota Hilux in the name of Elias Endale Gamada 2. Trailer Registration No. ZE2503, Trail King, Semi Trailer in the name of Elias Endale Gamada In the Matter of: Preservation Orders For: 1. KSh. 61, 000 held at Assets Recovery Agency seized From Elias Endale Gamada 2. Usd 22, 714 held at Assets Recovery Agency seized from Elias Endale Gamada 3. 2,000 Ethiopian Birrs held at Assets Recovery Agency Seized from Elias Endale Gamada 4. 1,000 Sudanese Pounds held at Assets Recovery Agency seized from Elias Endale Gamada BETWEEN Asset Srecovery Agency…………….……………………….Applicant VERSUS Elias Endale Gamada ……………………………………...Respondent IN CHAMBERS ON 19TH AUGUST, 2025 BEFORE HON. LADY JUSTICE M. MUIGAI 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 Respondent and/or his 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; (a) Motor Vehicle Registration No. KDB 731U, Toyota Hilux in the Name of Elias Endale Gamada (b) Trailer Registration No. ZE2503, Trail King, Semi Trailer in the name of Elias Endale Gamada 3. THAT the Respondent be directed to surrender the original logbooks of the motor vehicle and the trailer specified in prayer 2 above to the Applicant forthwith. 4. THAT in the event the Respondent fails to surrender the above motor vehicle and trailer as specified in order 2, the Applicant be ordered to seize and detain the motor vehicle and trailer 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 vehicle and trailer specified in order 2 above. 6. THAT this Honourable Court be pleased to issue a Preservation orders of the following funds found in possession and seized from the Respondent; (a) KSh. 61, 000 (b) USD 22, 714 (c) 2,000 Ethiopian Birrs (d) 1,000 Sudanese Pounds 7. THAT the Honourable Court be pleased to issue an order that the Kenya Shillings 61,000 held in the Criminal Assets Recovery Fund Account No. 1240221339 held at Kenya Commercial Bank Limited, KICC Branch be preserved pending the determination of the forfeiture application. 8. THAT the Honourable Court be pleased to issue an order that the USD 22,714 held in the Criminal Assets Recovery Fund Account No. 1292910038 held at Kenya Commercial Bank Limited, KICC Branch be preserved pending the determination of the forfeiture application. 9. THAT this Honourable Court be pleased to issue an order of currency exchange of 2,000 Ethiopian Birr and 1, 000 Sudan Pound specified in prayer 6 above into Kenyan shillings and the proceeds be deposited into the Criminal Assets Recovery Fund Account No. 1240221339 held at Kenya Commercial Bank Limited, KICC Branch be preserved pending the determination of the forfeiture application. 10. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair effective execution of these orders. 11. THAT the costs be provided for. Ex-Parte; THIS MATTER coming up for directions on the 20th of August, 2025 on the Originating Motion dated 18th August, 2025 brought by Counsel for the Applicant Under Sections 81, 82, 84 and 131 of the 6126 6126 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 sworn by CPL Alfred Musalia on even date, IT IS HEREBY ORDERED 1. THAT the Duty Court has considered the Application and finds it discloses a prima facie case to warrant the Interim Court orders sought to preserve the said listed funds and assets above from disposal, transfer, registration, confiscation, relocation or in any other way inconsistent with preservation pending hearing and determination of the instant Application. 2. THAT the Certificate of Urgency is placed before Anti- Corruption Court on 16th September, 2025 for further directions and/or way forward. GIVEN under my hand and the seal of the Honorable Court this 19th day of August, 2025. ISSUED at NAIROBI this 1st day of September, 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 September, 2025. TIMOTHY W. NDERITU, S03970 for Ag. Director General Assets Recovery Agency.