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GAZETTE NOTICE NO. 3192

GAZETTE NOTICE NO. 3192

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— Hussein Guyo Huka and Mohamed Guyo Dokata that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E007 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. E007 OF 2024 IN THE MATTER OF AN APPLICATION FOR ORDERS UNDER SECTIONS 81, 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 KSHS. 2,680,779.88 HELD AT EQUITY BANK LIMITED KSHS A/C NO. 0410198584651 IN THE NAME OF HUSSEIN GUYO HUKA. IN THE MATTER OF. PRESERVATION OF MOTOR VEHICLE OF REGISTRATION NUMBER KDC 011E, LAND CRUISER PICK UP, IN THE NAME OF HUSSEIN GUYO HUKA. PRESERVATION OF MOTOR CYCLE REGISTRATION NUMBER KMFB 091C, DAYUN, GREEN, IN THE NAME OF MOHAMED GUYO DOKATA. BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS HUSSEIN GUYO HUKA—(First Respondent) MOHAMED GUYO DOKATA—(Second Respondent) IN CHAMBERS ON 11TH MARCH, 2024 BEFORE HON. LADY JUSTICE E.N. MAINA 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. 15th March, 2024 THE KENYA GAZETTE 2. THAT this Honourable Court do issue Preservation Orders for Kshs. 2,680,779.88 held in Account Number 0410198584651 domiciled at Equity Bank Limited in the name of Hussein Guyo Huka. 3. THAT this Honourable Court be pleased to issue a preservation Order against the Respondents and/or his employees, agents or representatives acting on his behalf prohibiting the sale, transfer or disposing off or other dealings with motor vehicle Registration number KDC 011E, Land Cruiser Pick up. 4. THAT this Honourable Court be pleased to issue a preservation Order against the Respondents and/or his employees, agents or representatives acting on his behalf prohibiting the sale, transfer or disposing off or other dealings with motor vehicle registration number KDC 011E, Land Cruiser Pick up. 5. THAT this Honourable Court be pleased to issue a preservation Order against the Respondents and/or his employees, agents or representatives acting on his behalf prohibiting the sale, transfer or disposing off or other dealings with motor cycle registration number KMFB 091C, green Dayun. 6. THAT the Respondents be directed to surrender the original logbooks of the motor vehicle and motor cycle specified in prayer 4 and 5 above to the Applicant within 7 days herein. 7. THAT an order directing the Director General of National Transport and Safety Authority to register caveats against the records of the motor vehicle and motor cycle specified in order 4 and 5 above. 8. THAT the Respondents be ordered to surrender the motor vehicle and motor cycle specified in prayer 4 and 5 above to the Applicant and be assembled at the Applicant’s premises with immediate effect. 9. 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. 10. THAT costs be provided for. Ex Parte; UPON READING the Application dated 11th March, 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 DUNCAN ODHIAMBO sworn on 11th March, 2024 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT this application be and is hereby certified urgent. 2. THAT a preservation order be and is hereby issued for Kshs. 2,680,779.88 held in Account Number 0410198584651 domiciled at Equity Bank Limited in the name of HUSSEIN GUYO HUKA. 3. THAT a preservation order be and is hereby issued 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 motor vehicle Registration number KDC 011E, Land Cruiser Pick up. 4. THAT a preservation order be and is hereby issued 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 motor vehicle Registration number KDC 011E, Land Cruiser Pick up. 5. THAT a preservation order be and is hereby issued against the Respondents and/or his employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with motor cycle registration number KMFB 091C, green Dayun. 6. THAT the Respondents be and are hereby ordered to surrender the original logbooks of the motor vehicle and motor cycle specified in prayer 4 and 5 to the Applicant within seven (7) days herein. 7. THAT an order be and is hereby issued directing the Director General of National Transport and Safety Authority to register caveats against the records of the motor vehicle and motor cycle specified in order 4 and 5 above. 8. THAT the Respondents be and are hereby ordered to surrender the motor vehicle and motor cycle specified in prayer 4 and 5 above to the Applicant and be assembled at the Applicant’s premises with immediate effect. 9. THAT the preservation orders shall be for a period of ninety (90) days as provided in Section 84 of the Proceeds of Crime and Anti- Money Laundering Act (POCAMLA). 10. THAT the orders granted be served upon the Respondents within 21 days as provided in Section 84 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). GIVEN under my hand and the seal of the Honorable Court this 11th day of March, 2024. ISSUED at NAIROBI this 12th day of March, 2024. 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 2030/23-24 Director.

Dated the 13th March, 2024.

ALICE M. MATE,

PTG 2030/23-24 Director.

Extracted Entities (1)

previous_gazette_ref

3192

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
PTG 2030/23-24 Director
Date Signed
13th March 2024
Page
36
Extraction Method
regex