GAZETTE NOTICE NO. 552

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— Hesgab Enterprises Limited and Family Bank Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E46 of 2023 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. E46 OF 2023 IN THE MATTER OF: An Application for Orders under sections 81 and 82 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 of Motor Vehicle Registration Number KCG 271K, Mitsubishi Fuso Lorry/Truck in the name of Hesgab Enterprises Limited and Family Bank Limited BETWEEN Assets Recovery Agency……………………………………..Applicant Versus Hesgab Enterprises Limited............................................1st Respondent Family Bank Limited……..…………...……................2nd Respondent IN CHAMBERS ON 14TH DECEMBER, 2023 BEFORE HON. LADY JUSTICE E. N. MAINA ORDER Claims for 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 this Honourable Court be pleased to issue a preservation Order against the Respondents and/or their employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with the motor vehicle registration KCG 271K, Mitsubishi Fuso Lorry/truck. 3. THAT the Respondents be directed to surrender the original logbook and keys of the motor vehicle specified in prayer 2 above to the Applicant within 7 days herein. 4. THAT an order directing the Director General of National Transport and Safety Authority to register caveat against the record of the motor vehicles specified in order 2 above. 5. THAT the Respondent be ordered to surrender the motor vehicle specified in prayer 2 above to the Applicant and be assembled at the Applicant’s premises with immediate effect. 6. THAT the Honourable Court do make any other ancillary orders it may deem fit and necessary for the proper and effective execution of its orders. 7. THAT costs be provided for. Exparte; UPON READING the Originating Motion dated 13th December, 2023 brought under Certificate of Urgency, presented to this Honourable Court by Counsel for the Applicant under Sections 81 and 82 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 of the Civil Procedure Rules, and all other enabling provisions of the law and upon reading the Supporting Affidavit of Nicholas Sune and all the annexures thereto: - IT IS HEREBY ORDERED: - 1. THAT a preservation order be and is hereby issued against the Respondents and/or their employees, agents, servants or any other persons acting on their behalf from the selling, transferring or disposing off or any other dealings in any manner with the motor vehicle registration KCG 271K, Mitsubishi Fuso Lorry/truck. 2. THAT the Respondents are hereby ordered to surrender the original logbook and keys of the motor vehicle specified in prayer 2 above to the Applicant within 7 days herein. 3. THAT an order be and is hereby issued directing the Director General of National Transport and Safety Authority to register a caveat against the record of the motor vehicles specified in order 1 above. 4. THAT the Respondent be ordered to surrender the motor vehicle specified in prayer 1 above to the Applicant and be assembled at the Applicant’s premises with immediate effect. 5. THAT the preservation orders shall be for a period of ninety (90) days as provided for in Section 84 of the Proceeds of Crime and Anti-Money Laundering Act. 6. THAT the orders be served upon the Respondents within twenty-one (21) days from today’s date (14/12/2023). GIVEN under my hand and the seal of this Honourable Court this 14th day of December, 2023. ISSUED at NAIROBI this 15th day of December, 2023. DEPUTY REGISTRAR, High Court, Anti-Corruption and Economic Crimes Division. PENAL NOTICE Take notice that if you, the above-named respondents/interested parties 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 20th December, 2023. ALICE M. MATE, PTG1339/23-24 Director. 19th January, 2024 THE KENYA GAZETTE