GAZETTE NOTICE NO. 12054

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— Faith Kananu that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E43 of 2024 as specified in the Schedule hereto: IN THE MATTER OF: An Application for Orders under sections 81, 82, 84, 85 and 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: (a) KSh. 4, 043,375 and Accrued Interest Held in Fixed deposit Account No. 1004639981 at Kenya Women Microfinance (KWFT) Bank in the name of Faith Kananu (b) KSh. 238,324.70 held in Account No. 1004639981 at Kenya Women Microfinance (KWFt) Bank in the name of Faith Kananu 20th September, 2024 THE KENYA GAZETTE (c) KSh. 13, 532.65 held in Account No. 0012020013820 at Rafiki Microfinance Bank in the Name of Faith Kananu IN THE MATTER OF: Preservation Orders For; (a) Motor vehicle registration No. KCG 993M, lorry/truck, chassis No. 215- A00069 (b) Motor vehicle registration No. KBS 904X, station wagon chassis No. J31- 124189 BETWEEN Assets Recovery Agency……………….……………………..Applicant VERSUS Faith Kananu…………….……......………………………...Respondent IN CHAMBERS ON 30TH AUGUST, 2024 BEFORE LADY JUSTICE D. KAVEDZA 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 issued prohibiting the Respondent, and /or her 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. 4, 043,375 and accrued interest held in fixed deposit Account No. 1004639981 at Kenya Women Microfinance (KWFT) bank in the name of Faith Kananu. (b) KSh. 238,324.70 held in Account No. 1004639981 at Kenya Women Microfinance (KWFT) bank in the name of Faith Kananu. (c) KSh. 13, 532.65 held in Account No. 0012020013820 at Rafiki Microfinance bank in the name of Faith Kananu. 3. THAT this Honourable Court do issue preservation orders prohibiting the Respondent, her employees, agents, servants, representatives or any other persons acting on her behalf from transacting, withdrawing, transferring and/or dealing in any manner with respect to any profits or benefits derived or accrued from the funds specified above. 4. THAT a preservation order be granted against the Respondent and/or her employees, agents, servants, representatives or any other persons acting on her behalf from selling/ charging/ mortgaging/ transferring/ disposing or any other dealing in any other manner with the following motor vehicles; (a) KCG 993, Lorry/Truck. (b) KBS 904X, Station Wagon 5. THAT the Respondent be directed to surrender the original logbooks of the motor vehicles and the motor vehicles specified in prayer 4 above to the Applicant forthwith. 6. THAT in the event the Respondent fails to surrender the above motor vehicles as specified in prayer 4 above, the Applicant be ordered to seize and detain the motor vehicles specified therein. 7. 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 4 above. 8. THAT the Honourable Court be pleased to make any other ancillary order it may deem fit for the proper, fair effective execution of its orders. 9. THAT costs be in the cause. Ex-Parte; UPON READING the Application dated 26th August, 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 CPL. Fredrick Muriuki sworn on 26th August, 2024 and annextures thereto; IT IS HEREBY ORDERED 1. THAT the Application dated 26th August, 2024 be and is hereby certified urgent. 2. THAT Preservation Orders be and are hereby issued prohibiting the respondent, her employees, agents, servants or any other persons acting on her behalf from transacting, withdrawing, transferring and/or dealing in any manner howsoever in respect of; (a) KSh. 4, 043,375 and accrued interest held in fixed deposit Account No. 1004639981 at Kenya Women Microfinance (KWFT) bank in the name of Faith Kananu. (b) KSh. 238,324.70 held in Account No. 1004639981 at Kenya Women Microfinance (KWFT) bank in the name of Faith Kananu. (c) KSh. 13, 532.65 held in Account No. 0012020013820 at Rafiki Microfinance bank in the name of Faith Kananu. 3. THAT preservation orders are hereby issued prohibiting the Respondent, her employees, agents, servants, representatives or any other persons acting on her behalf from selling/ charging/ mortgaging/ transferring/ disposing or any other dealing in any other manner with the following motor vehicles; (a) Motor Vehicle registration number KCG 993M, Lorry. (b) Motor Vehicle registration number KBS 904X, Station Wagon 4. THAT the Respondent be and is hereby directed to surrender to the applicant the original logbooks for motor vehicles registration number KCG 993M and KBS 904X Station Wagon within seven days from the date hereof. 5. THAT the Director General of the National Transport and Safety Authority be and is hereby directed to immediately register a caveat in respect of the said motor vehicles specified in order 3 above. 6. THAT the Respondent be and is hereby directed to surrender to the applicant the motor vehicles specified in order 3 above to the Applicant within seven days from the date hereof. 7. THAT these orders shall remain in force for ninety days as provided in section 84 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). 8. THAT the matter shall be mentioned on 28th November, 2024 before the Presiding Judge Anti-Corruption Division. GIVEN under my hand and the seal of this Honorable Court this 30th day of August, 2024. ISSUED at NAIROBI this 2nd day of September, 2024. DEPUTY REGISTRAR, High Court Anti-Corruption And Economic Crimes Division, Nairobi PENAL NOTICE Take Notice that if you, the above-named respondent 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 16th September, 2024. BRIG. (RTD.) ALICE M. MATE, PTG 581/24-25 Director. THE KENYA GAZETTE 20th September, 2024