GAZETTE NOTICE NO. 7611

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) Mercy Wangari Wachiuri and (2) Rose Muthoni Wachiuri, that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E21 of 2026 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 E21 OF 2026 In the matter of: An application for preservation orders under sections 53 (1), 82 (1), (2) (b), (3) and (4) of the Proceeds of Crime and Anti- Money Laundering Act, 2009 (Pocamla) as read together with order 51 of the Civil Procedure Rules 2010. and In the matter of: Preservation orders for: Motor Vehicle Registration No. KDT 605S, Ford Wildtrack Chassis No. 6FPPXXMJ2PGA59127 and Motor Vehicle Registration No. KDL 252U Ford Ranger Chassis No. 6FPPXXMJ2PFK51589 Between THE AGENCY DIRECTOR-GENERAL, ASSETS RECOVERY AGENCY…….APPLICANT Versus MERCY WANGARI WACHIURI……..1ST RESPONDENT ROSE MUTHONI WACHIURI……..2ND RESPONDENT IN CHAMBERS ON 7TH MAY, 2026 BEFORE HON. LADY JUSTICE ROSE OUGO ORDER Claims in the application 1. This Honourable Court be and is pleased to certify this matter urgent and direct that it be heard ex parte in the first instance; 2. This Honourable Court be and is hereby pleased to issue an order in the nature of a preservation order prohibiting, enjoining or 2580 2580 restraining the Respondents, whether by themselves or through their agents, employees or otherwise howsoever from using, selling, taking or interfering with the possession of, disposing off, transferring, charging, encumbering, sequestrating or otherwise in any manner whatsoever dealing with the following motor vehicles: (a) Motor vehicle registration No. KDT 605S Ford Wildtrack Chassis No. 6FPPXXMJ2PGA59127; and (b) Motor vehicle registration No. KDL 252U Ford Ranger Chassis No. 6FPPXXMJ2PFK51589; 3. This Honourable Court be and is hereby pleased to issue an order directing the Respondents to hand over, deliver or surrender the following motor vehicles, their respective log books and ignition keys to the Applicant within seven days of service of this order: (a) Motor vehicle registration No. KDT 605S Ford Wildtrack Chassis No. 6FPPXXMJ2PGA59127; and (b) Motor vehicle registration No. KDL 252U Ford Ranger Chassis No. 6FPPXXMJ2PFK51589; 4. This Honourable Court be and is hereby pleased to issue an order authorizing Mr. Joel Saitoti, being a police officer attached to and working with the Assets Recovery Agency to seize or take possession of the following motor vehicles and hand them over or deliver them to the Agency Director- General or such officer as the Agency Director-General may nominate for safekeeping and management: (a) Motor vehicle registration No. KDT 605S Ford Wildtrack Chassis No. 6FPPXXMJ2PGA59127; and (b) Motor vehicle registration No. KDL 252U Ford Ranger Chassis No. 6FPPXXMJ2PFK51589; 5. This Honourable Court be and is hereby pleased to issue an order directing the Director-General, National Transport and Safety Authority to enter and register a caveat against the register of the following motor vehicles: (a) Motor vehicle registration No. KDT 605S Ford Wildtrack Chassis No. 6FPPXXMJ2PGA59127; and (b) Motor vehicle registration No. KDL 252U Ford Ranger Chassis No. 6FPPXXMJ2PFK51589; 6. This Honourable Court be and is hereby pleased to issue such other ancillary orders as it may deem fit and just to issue; and 7. Costs of this Application. Ex-Parte; UPON READING the Application dated 6th May, 2026 brought under certificate of urgency by Counsel for the Applicant under sections 53 (1), 82 (1), (2) (b), (3) and (4) of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 of the Civil Procedure Rules and all enabling provisions of the law, and upon reading the supporting affidavit of Joel Saitoti sworn on 6th May, 2026 and the annextures thereto; IT IS HEREBY ORDERED 5. THAT I certify the matter urgent and direct that it be heard ex parte in the first instance. 6. THAT upon reading the Application and the supporting affidavit of Joel Saitoti and the annexures, it is averred that the 1st and 2nd Respondent are in possession of motor vehicles bought from proceeds of crime and the applicant is apprehensive that if a preservation order is not issued the Respondents may sell, transfer, lease, encumber, use for dissipation the two vehicles registration numbers KDT 605S Ford Wildtrack Chassis No. 6FPPXXMJ2PGA59127 and motor vehicle registration No. KDL 252U Ford Ranger Chassis No. 6FPPXXMJ2PFK51589. The affidavit discloses that there are reasonable grounds to believe that the said vehicles are proceeds of crime liable for preservation under the Proceeds of Crime and Anti-Money Laundering Act. 7. The Applicant has urged this court to make an Order for Preservation of the two vehicles, the subject of the Originating Motion as there is a danger that the 1st and 2nd Respondents shall dispose of them. 8. In the Interest of justice and having been satisfied that Applicant is deserving of the orders sought herein, I hereby allow the application in terms of prayers (a), (b), (c), (d) and (e) of the application dated 6th May, 2026. No orders as to costs. GIVEN under my hand and the seal of the Honorable Court this 7th day of May, 2026. 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 18th May, 2026. MARK OGONJI, Ag. Director General Assets Recovery Agency.