GAZETTE NOTICE NO. 9014

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: 1. Scola Imbiti Namunyu 2. Randy Ngala Mwangome 3. Peter Muthui Wanbugu THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and economic crimes Division) No. E044 of 2023 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT AT MILIMANI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS APPLICATION NO. E044 OF 2023 ASSETS RECOVERY AGENCY ………..…………...APPLICANT -VERSUS- SCOLA IMBITI NAMUNYU …………… ......1ST RESPONDENT RANDY NGALA MWANGOME ……. ......... 2ND RESPONDENT PETER MUTHUI WANBUGU …………….. 3RD RESPONDENT DECREE CLAIM FOR IN THE ORIGINATING MOTION DATED 22ND DECEMBER, 2023. 1. THAT this Honorable court be pleased to issue an order declaring that the funds held in the respondents’ bank account as listed below are proceeds of crime liable for forfeiture to the applicant; (a) KSh. 93,159.24 held in account No. 01100005319200 at Cooperative Bank Limited, in the name of Scola Imbiti Namunyu. (b) KSh. 41,753.63 held in account No. 5017697001 at Diamond Trust Bank Limited, in the name of Scola Imbiti Namunyu. (c) KSh. 469,712.49 held in account No. 55637786001 at Diamond Trust Bank Limited, in the name of Scola Imbiti Namunyu. (d) KSh. 3,739.10 held in account No. 012010002706 at Rafiki Bank Limited, in the name of Scola Imbiti Namunyu. (e) KSh. 697,047.20 held in account No. 2043012145 at ABSA Bank Limited, in the name of Scola Imbiti Namunyu, Randy Ngala, and Peter Muthui Wambugu. 2. THAT this Honorable court be pleased to issue orders of forfeiture of the funds held in the account in prayer 1 above to the applicant on behalf of the government. THE KENYA GAZETTE 19th July, 2024 3. THAT this Honorable court to issue an order that the said funds be transferred to the applicant’s deposit account for recovered criminal assets funds, account no. 1240221339 at Kenya Commercial Bank. 4. THAT this court do make any other ancillary orders it deems fit and just for the proper execution of its orders. 5. THAT costs be provided for. THIS MATTER coming up for Judgment on 24th June, 2024 before Hon. Justice Francis Gikonyo for the Originating Motion dated 22nd December, 2023, brought by Counsel for the Applicant under Sections 90 and 92 of the Proceeds of Crime and Anti Money Laundering Act as read together with Order 51 Rule 1 of the Civil Procedure Rules, AND IN THE PRESENCE of Counsel for the Applicant and Counsel for the Defendants, IT IS HEREBY DECREED: 1. THAT judgment be and is hereby entered for the Applicant against the Respondents as follows: - a) THAT the sum of KSh. 93,159.24 held in account No. 01100005319200 at Cooperative Bank Limited, in the name of Scola Imbiti Namunyu is proceeds of crime and be and is hereby forfeited to the State. b) THAT the sum of KSh. 41,753.63 held in account No. 5017697001 at Diamond Trust Bank Limited, in the name of Scola Imbiti Namunyu is proceeds of crime and be and is hereby forfeited to the State. c) THAT the sum of KSh. 469,712.49 held in account No. 55637786001 at Diamond Trust Bank Limited, in the name of Scola Imbiti Namunyu is proceeds of crime and be and is hereby forfeited to the State. d) THAT the sum of KSh. 3,739.10 held in account No. 012010002706 at Rafiki Bank Limited, in the name of Scola Imbiti Namunyu is proceeds of crime and be and is hereby forfeited to the State. e) THAT the sum of KSh. 697,047.20 held in account No. 2043012145 at ABSA Bank Limited, in the name of Scola Imbiti Namunyu, Randy Ngala, and Peter Muthui Wambugu is proceeds of crime and be and is hereby forfeited to the State. 2. THAT subject to Section 92(6) of Proceeds of Crime and Anti- Money Laundering Act (POCAMLA), it is hereby decreed that the funds in the said accounts shall be transferred to the Applicant’s account established for forfeited sums. 3. THAT the forfeiture orders shall not take effect before the period allowed for an application under section 89 or an appeal under Section 96 of POCAMLA has expired or before such an application or appeal has been disposed of. 4. THAT the Respondent shall bear the costs of the Originating Motion. GIVEN under my Hand and the Seal of this Honorable Court this 24th day of June, 2024. ISSUED at Nairobi this 1st day of July, 2024. HON ADELAIDE SISENDA DEPUTY REGISTRAR, HIGH COURT OF KENYA ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION, NAIROBI DATED THE 1ST JULY, 2024. CLARA OTIENO-OMONDI, Registrar, High Court of Kenya.