GAZETTE NOTICE NO. 3191

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— Jackson Mbugua Burugu that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E5 of 2024 as specified in the Schedule hereto: REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION & ECONOMIC CRIMES DIVISION MISCELLANEOUS APPLICATION NO. E5 OF 2024 In the Matter of: An Application by the Assets Recovery Agency under sections 81, 90 And 92 of the Proceeds of Crime and Anti-Money Laundering Act Read Together with Order 51 of The Civil Procedure Rules for Orders of Forfeiture AND In The Matter of: Land Parcels Plot No. 76b And 156b Mathare North Commercial Zonemotor Vehicles Registration No. KBE 416Y Mercedes Benz BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS JACKSON MBUGUA BURUGU—(Respondent) IN CHAMBERS ON 28TH FEBRUARY, 2024 BEFORE HON. LADY JUSTICE DIANA KAVEDZA ORDER CLAIMS 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 Prohibiting the Respondents and/or their employees, agents or representatives acting on their behalf from selling/charging/mortgaging/ transferring and any other dealings in respect of motor vehicle registration number KBE 416Y Mercedes Benz THE KENYA GAZETTE 15th March, 2024 3. THAT this Honourable Court be pleased to issue a preservation Order Prohibiting the Respondents and/or their employees, agents or representatives acting on their behalf from selling/charging/mortgaging/ transferring and any other dealings in respect of PLOT NO.76B and 156B Mathare North Commercial Zone and all income/rental income accruing from the developments on the parcels of land. 4. THAT the honourable Court do issue an order that all income/rental income accruing from the developments on the parcels of land in prayer 3 above be paid to the applicant’s bank accounts. 5. THAT an order directing the Director General of National Transport and Safety Authority to register a caveat against the record of the motor vehicles in prayer 2. 6. THAT the Respondents be directed to surrender the motor vehicles and the original logbook of the motor vehicles in prayer 2 to the Applicant within 7 days herein. 7. THAT the honourable court be pleased to issue an order to the Chief Land Registrar and or the Nairobi County lands registrar to place a caveat on the suit land parcels in prayer 3 above. 8. THAT the Honourable Court be pleased to make any other ancillary order it may deem fit for the proper, fair effective execution of its orders. UPON READING the Application dated 27th February, 2024 brought under certificate of urgency 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 CPL. Fredrick Muriuki sworn on 27th February, 2024 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT this application be and is hereby certified urgent. 2. THAT a preservation order is hereby issued prohibiting the Respondent and/or his employees, agents, servants, representatives or any other persons acting on his behalf from transacting/transferring and/or dealing in any manner howsoever in respect of motor vehicle registration number: KBE 416Y MERCEDES BENZ 3. THAT the Respondent be and is hereby ordered to surrender to the Applicant the original logbook for motor vehicle registration number KBE 416Y Mercedes Benz within seven (7) days from the date hereof. 4. THAT an order be and is hereby issued directing the Director General NTSA to immediately register a caveat in respect of the said motor vehicle in order 2 above. 5. THAT the Respondent be and is hereby ordered to surrender the motor vehicle specified in order 2 above to the applicant within seven (7) days from the date hereof. 6. THAT a preservation order is hereby issued prohibiting the Respondent and/or his employees, agents, servants, representatives or any other persons acting on his behalf from selling/charging/mortgaging/transferring and/or dealing in any manner howsoever in respect of: Plot Numbers 76B and 156B Mathare North Commercial Zone and all income/rental income accruing from the developments thereon. 7. THAT an order be and is hereby issued directing the Chief Land Registrar and Nairobi County Lands Registrar to register caveats in respect of the said parcels of land in order 6 above. 8. THAT an order be and is hereby issued directing all rental income accruing from the parcel of land and developments in order 6 above to be paid to the applicant’s bank account for preservation during the period which these orders are in force. 9. THAT these orders shall remain in force for ninety (90) days as provided in Section 84 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). 10. THAT this matter be mentioned on 27th May 2024 before Lady Justice E. Maina Presiding Judge Anti-Corruption Division. GIVEN under my hand and the seal of the Honorable Court this 28th day of February, 2024. ISSUED at NAIROBI this 29th day of February, 2023. DEPUTY REGISTRAR, High Court Anti Corruption and Economic Crimes Division. PENAL NOTICE Take notice that if you, the above named respondents 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 13th March, 2023. ALICE M. MATE, PTG 2029/23-24 Director.