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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 6706
GAZETTE NOTICE NO. 6706
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—
EIS Afrika Group Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application
No. E16 of 2024 as specified in the Schedule hereto:
REPUBLIC O F KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
MISCELLANEOUS CIVIL APPLICATION NO. E16 OF 2024
In the Matter of: An Application for Orders under sections 81 and 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 Orders for Funds held In Bank
Accounts in the following Bank Accounts.
• USD. 274, 369.56 held in Account No. 03004644501251 at I and M Bank in the name of EIS Afrika Group Limited.
BETWEEN
ASSETS RECOVERY AGENCY—(Applicant)
VERSUS
EIS AFRIKA GROUP LIMITED—(Respondent)
IN CHAMBERS ON 16TH MAY, 2024
BEFORE JUSTICE PROF. DR. NIXON SIFUNA
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 do issue Preservation Orders prohibiting the Respondent, 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 funds held in the following account;
(a) USD. 274, 369.56 held in Account No. 03004644501251 at I and M Bank in the name of EIS Afrika Group Limited.
3. THAT the Honourable Court do issue a Preservation Order prohibiting the Respondents, their employees, agents, servants or any other persons acting on their 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 orders as it may deem fit and just for proper and effective execution of the above orders.
5. THAT costs be provided for.
Ex-parte
UPON READING the Application dated 15th May, 2024 brought under Certficate 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 Alfred Musalia sworn on 15th May, 2024 and annextures thereto:
IT IS HEREBY ORDERED
1. THAT a Preservation Orders be and are hereby issued
Preservation Orders prohibiting the Respondent, 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 funds held in the following account;
31st May, 2024 THE KENYA GAZETTE
(a) USD. 274, 369.56 Held in Account No. 03004644501251 at I
& M Bank in the Name of EIS Afrika Group Limited.
2. THAT a Preservation Order prohibiting the Respondents, their employees, agents, servants or any other persons acting on their 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 1 above.
3. THAT this order shall be in force for ninety (90) days from today.
4. THAT these orders having been granted, this file shall be marked as closed.
GIVEN under my hand and the seal of the Honorable Court this
16th day of May, 2024.
ISSUED at NAIROBI this 16th day of May, 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 20th May, 2024.
ALICE M. MATE, PTG No. 2625/23-24 Director.
Dated the 20th May, 2024.
ALICE M. MATE,
PTG No. 2625/23-24 Director.
Extracted Entities (1)
previous_gazette_ref
6706
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 No. 2625/23-24 Director
- Date Signed
- 20th May 2024
- Page
- 38
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 76
Published 26th January 2024