GAZETTE NOTICE NO. 553

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— Rashid Ali Roba that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E44 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. E44 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 No. KCR 727K, Honda Insight in the name of Rashid Ali Roba BETWEEN Assets Recovery Agency……………………………………..Applicant Versus Rashid Ali Roba……………................................................Respondent IN CHAMBERS ON THE 7TH AND 14TH OF DECEMBER, 2023 BEFORE HON. LADY JUSTICE E. N. MAINA ORDER Claims Sought for in the Application dated 7th of December, 2023. 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 Respondent and/or his employees, agents or representatives acting on his behalf prohibiting the sale, transfer or disposing off or other dealings with the motor vehicle registration KCR 727K, Honda Insight. 3. THAT the Respondent be directed to surrender the original logbook 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 Honourable Court do make any other ancillary orders it may deem fit and necessary for the proper and effective execution of its orders. 6. THAT costs be provided for. Claims Sought for in the application dated 14th of December, 2023. 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 an order requiring the Respondent to surrender the motor vehicle registration KCR 727K, Honda Insight to the Applicant subject to the preservation order issued on 6th December 2023. 3. 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. 4. THAT costs be provided for. Exparte; UPON READING the Originating Motion dated the 6th 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 Jackson Kimani and all the annexures thereto and upon reading the Originating Motion dated the 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 Sally Amadi and all the annexures thereto: - It is hereby ordered on 7th December, 2023: - 1. THAT this application be and is hereby certified urgent and the same be heard ex-parte on a priority basis in the first instance. 2. THAT a preservation order be and is hereby issued prohibiting the Respondent and/or his employees, agents or representatives acting on his behalf prohibiting the sale, transfer or disposing off or other dealings with the motor vehicle registration KCR 727K, Honda Insight. 3. THAT the Respondent be and is hereby ordered to surrender the original logbook of the motor vehicle specified in order 2 above to the Applicant within 7 days herein. 4. THAT the Director-General of the National Transport and Safety Authority is hereby ordered to register a caveat against the record of the motor vehicle specified in order 2 above. 5. THAT the orders be served upon the Respondent within twenty-one (21) days of the order. 6. 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. Further Orders on 14th December 2023: - 1. THAT the Notice of Motion dated 13th December 2023 be and is hereby considered. 2. THAT the Respondent be and is hereby ordered to surrender the motor vehicle registration number KCR 727K, Honda Insight to the Applicant subject to the preservation order issued on 6th December, 2023. 3. THAT the order shall be subject to the preservation orders granted on 7th December, 2023. 4. THAT the preservation orders shall be for a period of ninety (90) days subject to there being a forfeiture application. 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.