GAZETTE NOTICE NO. 4661

IN EXERCISE of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Registrar High Court gives notice to: (a) Abdulmajid Msallam Timami (b) Said Mselem Abdallah THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and economic crimes Division) No. E15 of 2023 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT AT MILIMANI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION ACEC SUIT E15 OF 2023 CONSOLIDATED WITH ACEC SUIT E19 OF 2023 ASSETS RECOVERY AGENCY .……...…………… Applicant VERSES ABDULMAJID MSALLAM TIMAMI ....… 1st Respondent SAID MSELEM ABDALLAH ……………... 2nd Respondent DECREE CLAIMS FOR IN THE APPLICATION DATED 12TH JUNE, 2023 IN ACEC SUIT E15 OF 2023. 1. THAT this Honourable court be pleased to issue an order declaring that all the motor vehicles listed as follows are proceeds of crime. (a) KAZ 161M, Prime Mover (b) KCC 232R, DBA-ACA33W, Van Guard (c) KCT 180M, CR-V, S. Wagon (d) KAE 005A, CWC, Lorry/Truck (e) KCV 459T, Legacy Wagon (f) KCQ 854X, Axor, Prime Mover (g) KBQ 410Y, CBE-NCP51V, S. Wagon (h) KCL 444U, Prime Mover 2543 (i) KCP 632F, Actross 2448, Prime Mover (j) ZF 6293, Doll Trailer (k) ZF 8270, Trailer-Skeleton 2. THAT this Honourable court be pleased to issue, an order declaring that all the land parcels listed below and all developments thereon are proceeds of crime. (a) L/R No. Mombasa/Mwembelegeza/1385 (b) C.R 66464. MN/Section II /14173 (Orig No. 14152/22) survey plan number 371828 within Mombasa municipality. (c) C.R 65470. MN/Section II /14171 (Orig No. 14152/20) survey plan number 371826 within Mombasa Municipality. (d) C.R 66469. MN/Section II /14170 (Orig No. 14152/19) survey plan number 371825 within Mombasa Municipality. 3. THAT this Honourable court be pleased to issue an order that the motor vehicles listed in prayer 1 be forfeited to the Assets Recovery Agency (the Applicant herein). 4. THAT this Honourable court be pleased to issue an order that the properties and development thereon listed in prayer 2 be forfeited to the Assets Recovery Agency (the Applicant herein). 5. THAT this Honourable court be pleased to issue an order that directing the Director National Transport and Safety Authority to effect transfer the motor vehicles in prayer 1 above to the Applicant (Assets Recovery Agency). 6. THAT this Honourable court be pleased to issue a vesting order directing the Chief Land Registrar/ Land Registrar Mombasa to effect transfer of land parcels in prayer 2 above to the Applicant (Assets Recovery Agency). 7. THAT this Honourable court do make any other ancillary orders it considers appropriate to facilitate the transfer of the property forfeited to the Government. 8. THAT costs be provided for. CLAIMS FOR IN THE APPLICATION DATED 7TH AUGUST, 2023 IN ACEC SUIT E19 OF 2023. 1. THAT this Honourable court be pleased to issue, an order declaring that all that income accruing from the development on the parcels of land parcels listed below are proceeds of crime. (a) C.R. 66464. MN/Section II /14173 (Orig No. 14152/22) survey plan number 371828 within Mombasa municipality. (b) C.R. 65470. Registered as C.R. 64557/36, MN/Section II /14171 (Orig No. 14152/20) survey plan number 371826 within Mombasa Municipality. (c) C.R. 66469. Registered as CR 64557/35, MN/Section II/14170 (Orig No. 14152/19) survey plan number 371825 within Mombasa Municipality. 2. THAT this Honourable court be pleased to issue an order that all that income accruing from the developments on the land parcels of the land parcels listed in prayer 1 above be forfeited to the Assets Recovery Agency (the Applicant herein). 3. THAT this Honourable court do make any other ancillary order it may deem fit for the proper, fair effective execution of its orders. 4. THAT costs be provided for. THIS MATTER coming up for judgment before Honourable Lady Justice E. N. Maina on 20th March, 2024 for applications by the Applicant dated the 12th June, 2023 and 7th August, 2023 brought under sections 81, 82, 90 and 92 of the Proceeds of Crime and Anti- Money Laundering Act (POCAMLA) and Order 51 Rule 1 of the Civil Procedure Rules and all enabling provisions of the law, in the presence of Counsel for the Applicant and Counsel for the Respondents; IT IS HEREBY DECREED: 1. THAT judgment be and is hereby entered for the Applicant against the 1st and 2nd Respondents as follows: (a) THAT a declaration be and is hereby issued that the following motor vehicles are proceeds of crime: KAZ 161M, KCC 232R, KCT 180M, KAE 005A, ZF 6293, ZF 8270, KCQ 854X, KCV 459T, KCP 632F, KCL 444U, KBQ 41OY. (b) THAT the foretasted vehicles be and are hereby forfeited to the Government of Kenya. (c) THAT an order be and is hereby issued directing the Director of the National Transport and Safety Agency to effect transfer of the vehicles to the Applicant. THE KENYA GAZETTE 12th April, 2024 (d) THAT a declaration be and is hereby issued that the following immovable properties are proceeds of crime and the same be and are hereby forfeited to the Government of Kenya: L.R. No. Mombasa/Mwembelegeza/1385 and all income accruing therefrom, L.R. No. C. R. 66464 Mombasa Municipality Sub Div No. 14173 (Orig No. 14152/22) Section II Mainland North, Survey Plan 371828, L.R. No. C.Ro 65470 Mombasa Municipality Sub Div 14171 (Orig No. 14152/20) Section II Mainland North, Survey Plan No. 371826, L.R. No. C.R. 66469 Mombasa Municipality Sub Div No. 14170 (Orig. No. 14152/19) Section II Mainland North, Survey Plan No. 371825 and all rental income accruing therefrom. (e) THAT a vesting order be and is hereby issued directing the Chief Land Registrar Mombasa to effect transfer of the above immovable properties to the Applicant. (f) THAT the costs of the suit shall be borne by the Respondents. GIVEN under my hand and seal of the Honourable court this 20th day of March, 2024. ISSUED at NAIROBI this 9th day of April, 2024. HON. ADELAIDE SISENDA, Deputy Registrar, High Court of Kenya, Anti-Corruption & Economic Crimes Division, Nairobi. Dated the 12th April, 2024. CLARA OTIENO-OMONDI, Registrar, High Court of Kenya.