GAZETTE NOTICE NO. 760

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— Adan Abdow Alio and Abduba Guyo Ali that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E2 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. E2 OF 2024 Assets Recovery Agency …………...………………………..Applicant -VERSUS- Adan Abdow Alio ……………………………………..1st Respondent Abduba Guyo Ali……..……………………………….2nd Respondent BEFORE HON. LADY JUSTICE E. N. MAINA IN CHAMBERS ON THE 16TH JANUARY, 2024 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 restraining the Respondents their employees, agents and/or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with the motor vehicle; (a) Registration number KCD 516H Chassis Number XLRTG85MC0E804343 (b) Unregistered Trailer bearing Chassis No. CQ70420 3. THAT the Respondents be directed to surrender the original logbook of the motor vehicle specified in prayer 2 above to the Applicant within 7 days of service of preservation order. 4. THAT an order directing the Director General of National Transport and Safety Authority to register caveat against the records of the motor vehicle specified in order 2 above. 220 220 5. THAT the Respondents be ordered to surrender the motor vehicle and the unregistered trailer specified in prayer 2 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot 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. Upon reading the Originating Motion dated the 9th 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 laws, and upon reading the supporting affidavit of Collins Ipapo sworn on the 9th January, 2024 and the annexures thereto; IT IS HEREBY ORDERED 1. THAT this application be and is hereby certified urgent. 2. THAT a Preservation Order be and are hereby issued restraining the Respondents their employees, agents and/or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with the motor vehicle; (a) Registration No. KCD 516H Chassis No. XLRTG85MC0E804343 (b) Unregistered Trailer bearing Chassis No. CQ70420 3. THAT the Respondents be and is hereby directed to surrender the original logbook of the motor vehicle specified in prayer 2 above to the applicant within 7 days of service of preservation order. 4. THAT an Order be and are hereby issued directing the Director-General of National Transport and Safety Authority to register caveat against the records of the motor vehicle specified in order 2 above. 5. THAT the respondents be and are hereby ordered to surrender the motor vehicle and the unregistered trailer specified in prayer 2 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot with immediate effect. 6. THAT the Preservation Order order shall be for a period of ninety (90) days as provided in section 84 of the POCAMLA. 7. THAT there are no orders as to cost. GIVEN under my hand and the seal of the Honorable Court this 16th day of January, 2024. ISSUED at NAIROBI this 16th day of January, 2024. DEPUTY REGISTRAR, High Court of Kenya Anti-Corruption, and Economic Crimes Division, Nairobi. 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 19th January, 2024. ALICE M. MATE, PTG1480/23-24 Director.