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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 554
GAZETTE NOTICE NO. 554
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
(No. 9 of 2009)
PRESERVATION ORDERS
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—
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Bravie Group Limited and Samuel Wathika Gathuru that the High
Court has issued preservation orders in Nairobi High Court
Miscellaneous Application No. E1 of 2024 as specified in the
Schedule hereto:
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION AND ECONOMIC CRIMES
DIVISION
MISCELLANEOUS APPLICATION NO. E1 OF 2024
Assets Recovery Agency……………………………………..Applicant
-VERSUS-
Bravie Group Limited………………………………….1st Respondent
Samuel Wathika Gathuru……………………...2nd Respondent
BEFORE HON. JUSTICE PROF. (DR.)NIXON SIFUNA
IN CHAMBERS ON 10TH JANUARY, 2024
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 do issue Preservation Orders prohibiting the Respondent and/or its representatives, employees, agents, servants or any other persons acting on its behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following account;
(a) USD. 34,204.77 held in Account No. 1178604152 at KCB in the Name of Bravie Group Limited.
3. THAT the Honourable Court do issue a Preservation Order prohibiting the Respondents, its employees, agents, servants or any other persons acting on its behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the funds specified under prayer 2 above.
4. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair effective execution of its orders.
UPON READING the Originating Motion dated the 10th January, 2024 brought under Certificate of Urgency and presented by Counsel for the Applicant under sections 81 and 82 of the 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 of Rufus JillO sworn on 10th January, 2024and the annextures thereto;
IT IS HEREBY ORDERED
1. THAT this application be and is hereby certified urgent.
2. THAT Preservation Orders be and are hereby issued prohibiting the Respondent and/or its representatives, employees, agents, servants or any other persons acting on its behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following account;
(a) USD. 34,204.77 held in Account No. 1178604152 at KCB in the Name of Bravie Group Limited.
3. THAT a Preservation Order be and is hereby issued prohibiting the Respondents, its employees, agents, servants or any other persons acting on its behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the funds specified under prayer 2 above.
4. THAT the orders shall be for a period of ninety (90) days from today.
GIVEN under my hand and the seal of the Honorable Court this 10th day of January, 2024.
ISSUED at NAIROBI this 12th day of January, 2024.
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 17th January, 2024.
ALICE M. MATE, PTG1458/23-24 Director.
Dated the 10th January, 2024.
ALICE M. MATE,
PTG1458/23-24 Director.
Extracted Entities (1)
previous_gazette_ref
554
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (1)
- Signed By
- ALICE M. MATE
- Title
- PTG1458/23-24 Director
- Date Signed
- 10th January 2024
- Page
- 29
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 8
Published 3rd January 2024