GAZETTE NOTICE NO. 9794

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— Denis Irungu Mbatia (being sued on behalf of himself and as a next of friend of C. K., W. N and J. W. (minors) that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E33 OF 2024 as specified in the Schedule hereto: REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS APPLICATION NO. E33 OF 2024 IN THE MATTER OF: AN APPLICATION FOR ORDERS UNDER SECTIONS 81, 82, 84 AS READ WITH SECTION 131 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: 1. Motor Vehicle Registration No. KBH 571C, Toyota, Land Rover, Station Wagon in the name of Denis Irungu Mbatia. 2. Motor Vehicle Registration No. KCP 739G, Isuzu, Lorry/Truck in the name of Denis Irungu Mbatia. IN THE MATTER OF PRESERVATION ORDERS FOR: 1. KSh. 427,185.90 held in Account No. 01109554285101 at Co- operative Bank in the name of Denis Irungu Mbatia. 2. KSh. 3,232.50 held in Account No. 01109554285100 at Co- operative Bank in the name of Denis Irungu Mbatia. 3. KSh. 11,162.00 held in Account No. 0330000002841 at Family Bank in the name of Denis Irungu Mbatia. 4. KSh. 11,347.00 held in Account No. 033000002843 at Family Bank in the name of Denis Irungu Mbatia. 5. KSh. 20,923.03 held in Account No. 033000002844 at Family Bank in the Name of C. K. (minor). 6. KSh. 15,950.03 held in Account No. 033000014991 at Family Bank in the name of W. N. (minor). 7. KSh. 22,026.23 held in Account No. 033000026826 at Family Bank in the name of J. W. (Minor). BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS DENIS IRUNGU MBATIA (being sued on behalf of himself and as a next of friend of C. K., W. N. and J. W. (minors)—(Respondent) IN CHAMBERS ON 23RD JULY, 2024 BEFORE HON. LADY JUSTICE PROF. (DR.) NIXON SIFUNA 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 a preservation order be granted against the Respondent and/or her employees, agents, servants, representatives or any other persons acting on their behalf from selling/ charging/ mortgaging/ transferring/ disposing or any other dealing in any other manner with the following motor vehicles; (a) KBH 571C, Toyota, Land Rover, Station Wagon. (b) KCP 739G, Isuzu, lorry/Truck. 3. THAT the Respondent be directed to surrender the original logbooks of the motor vehicles and the motor vehicles specified in prayer 2 above to the Applicant forthwith. 4. THAT in the event the Respondent fails to surrender the above motor vehicles as specified in order 2, the Applicant be ordered to seize and detain the motor vehicles specified therein. 5. THAT an order be issued directing the Director-General of the National Transport and Safety Authority to register a caveat against the records of each the motor vehicles specified in order 2 above. 6. THAT this Honourable Court be pleased to issue a Preservation Order prohibiting the Respondent, and /or his employees, agents, servants, representatives or any other persons acting on its behalf from transacting, withdrawing, transferring and/or dealing in any manner with funds held in the following bank accounts— (a) KSh. 427, 185.90 held in Account No. 01109554285101 at Co-operative Bank in the name of Denis Irungu Mbatia; (b) KSh. 3, 232.50 held in account No. 01109554285100 at cooperative bank in the name of denis irungu mbatia; (c) KSh. 11, 162.00 held in Account No. 0330000002841 at Family Bank in the name of Denis Irungu Mbatia; (d) KSh. 11, 347.00 held in Account No. 033000002843 at Family Bank in the name of Denis Irungu Mbatia; (e) KSh. 20, 923.03 held in Account No. 033000002844 at Family Bank in the name of C. K. (minor); (f) KSh. 15,950.03 held in account No. 033000014991 at Family Bank in the name of W. N. (minor); (g) KSh. 22, 026.23 held in Account No. 033000026826 at Family Bank in the name of J. W. (minor). 7. THAT this Honourable Court do issue preservation orders prohibiting the Respondent and/or his and /or his employees, agents, servants, representatives or any other persons acting on its behalf from transacting, withdrawing, transferring and/or dealing in any manner with respect to any profits or benefits derived or accrued from the funds under prayer 6 above. 8. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair effective execution of these orders. Ex-Parte; UPON READING the Application dated 22nd July, 2024 brought under certificate of urgency by Counsel for the Applicant under sections 81, 82, 84 and 131 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 P.C. Hussein Mohamed sworn on 22nd July, 2024 and the annextures thereto. IT IS HEREBY ORDERED 1. THAT this application be and is hereby certified urgent and the same be heard Ex-Parte on a priority basis in the first instance. 2. THAT a preservation order be granted against the Respondent and/or her employees, agents, servants, representatives or any 9th August, 2024 THE KENYA GAZETTE other persons acting on their behalf from selling/ charging/ mortgaging/ transferring/ disposing or any other dealing in any other manner with the following motor vehicles; (a) KBH 571C, Toyota, Land Rover, Station Wagon. (b) KCP 739G, Isuzu, Lorry/Truck. 3. THAT the Respondent be directed to surrender the original logbooks of the motor vehicles and the motor vehicles specified in prayer 2 above to the Applicant forthwith. 4. THAT in the event the Respondent fails to surrender the above motor vehicles as specified in order 2, the Applicant be and is hereby ordered to seize and detain the motor vehicles specified in order 2 above. 5. THAT a preservation order be and is hereby issued directing the Director General of the National Transport and Safety Authority to register a caveat against the records of each the motor vehicles specified in order 2 above. 6. THAT a preservation order be and is hereby issued prohibiting the Respondent, and /or his employees, agents, servants, representatives or any other persons acting on its behalf from transacting, withdrawing, transferring and/or dealing in any manner with funds held in the following bank accounts— (a) KSh. 427, 185.90 held in Account No. 01109554285101 at Co-operative Bank in the name of Denis Irungu Mbatia; (b) KSh. 3, 232.50 held in Account No. 01109554285100 at Co-operative Bank in the name of Denis Irungu Mbatia; (c) Kshs. 11, 162.00 held in Account No. 0330000002841 at Family Bank in the Name of Denis Irungu Mbatia; (d) KSh. 11, 347.00 held in Account No. 033000002843 At Family Bank in the Name of Denis Irungu Mbatia; (e) KSh. 20, 923.03 held in Account No. 033000002844 at Family Bank in the Name of C. K. (minor); (f) KSh. 15,950.03 held in Account No. 033000014991 At Family Bank in the name of W. N. (minor); (g) KSh. 22, 026.23 held in Account No. 033000026826 at Family Bank in the name of J. W. (minor). 9. THAT a preservation order be and is hereby issued prohibiting the Respondent and /or his employees, agents, servants, representatives or any other persons acting on its behalf from transacting, withdrawing, transferring and/or dealing in any manner with respect to any profits or benefits derived or accrued from the funds under prayer 6 above. 10. THAT the orders shall last for a period of ninety (90) days from the date of this order. 11. THAT this order be served on the Respondent within 7 days from today. GIVEN under my hand and the seal of the Honorable Court this 23rd day of July, 2024. ISSUED at NAIROBI this 24th day of July, 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 1st August, 2023. BRIG. (RTD.) ALICE M. MATE, PTG/291/24-25 Director.