GAZETTE NOTICE NO. 15533

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 : Michael Kamau Kuria Gachomba and Company Properties Limited THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and economic crimes Division) ACEC Suit 6 of 2020 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT AT MILIMANI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION CIVIL APPLICATION NO. 6 OF 2020 (S) Ethics & Anti-Corruption Commission—(Applicant) -VERSUS- Michael Kamau Kuria —1st Respondent Gachomba And Company Propertieslimited—2nd Respondent AND Catherine Wanjiku Njeri—(1st Interested Party) Agnes Wanjiku Kuria —(2nd Interested Party) Henry Njoroge Gathiga —(3rd Interested Party) Wanjohi Contractors and General Supplies Limited —(4th Interested Party) Olkalau Ventures —(5th Interested Party) Kanjuiri Generalcontractors And Supplies Limited. —(6th Interested Party) Kiambaga Enterprises —(7th Interested Party) Githoro Contractors And General Supplies Limited —(8th Interested Party) Jilsu General Contractors And Supplies Limited —(9th Interested Party) Silverdola General Contractors And Supplies Limited—(10th Interested Party) Equity Bank Limited —(11th Interested Party) DECREE CLAIM FOR IN THE ORIGINATING SUMMON 1. Whether the 1st Respondent is the beneficial owner of the 2nd Respondent. 2. Whether the 2nd Respondent’s corporate veil should be lifted/unmasked for engaging in Corruption and/or Money Laundering. THE KENYA GAZETTE 22nd November, 2024 3. Whether Kshs. 73,947,807.60 transacted through the 1st Respondent's Bank Account Numbers 0160291143992 and 1110299529471 both held at Equity Bank Limited during the period of interest constitute unexplained assets within the meaning of the provisions of Section 55 of the ACECA. 4. Whether the Kshs. 82,083,066.00 transacted through the 2nd Respondent’s Bank Account Number 111026450403 held at Equity Bank Limited during the period of interest constitute unexplained assets within the meaning of the provisions of Section 55 of the ACECA. 5. In the alternative, whether the said Kshs. 73,947,807.60 and Kshs. 82,083,066.00 stated in Paragraphs 3 and 4 above, respectively, are proceeds of Corruption and or proceeds of money laundering. 6. Whether the Respondents jointly and severally should be ordered to pay to the Government of Kenya the cumulative sum of Kshs. 156,030,873.60 being cash deposits and bank transfers enumerated in paragraph 3 and 4 herein above and interest thereon at Court rates from the date of filing this suit until payment in full. 7. Whether the suit immovable properties and developments thereon constitute unexplained assets within the meaning of the provisions of Section 55 of the ACECA: (a) Dundori/Lanet Block 5/2232 (Kiamunyeki “A”) (b) Dundori/Lanet Block 5/1014 (Kiamunyeki “A”) (c) Dagoretti/Kinoo/47 (d) Dagoretti/Kinoo/3213 (e) Dagoretti/Kinoo/4469 (f) Kiambu/Municipality/Block 1/233 (g) Kikuyu/Kikuyu/Block 1/891 (h) Limuru/Kirenga/T. 218 (i) Limuru/Kirenga/T. 225 8. Whether the movable properties (Motor Vehicles) listed here below constitute unexplained assets within the meaning of the provisions of Section 55 of the Anti-Corruption and Economic Crimes Act, No.3 of 2003: (a) KCB 253B - Tata Tipper (b) KCH 101P - Toyota Station/ Wagon (c) KCF 410P - NISSAN Station/Wagon (d) KCE 039L - Isuzu Truck 9. Whether the Respondents should be ordered to forfeit to the Government all those movable and immovable properties listed in paragraphs VII and VIII. 10. In the Alternative, whether the Respondents should be ordered to pay to the Government an amount equal to the market value of the movable and immovable assets described in paragraphs VII and VIII. 11. Whether the Respondents should be ordered to pay the costs of this suit. THIS MATTER coming up for Judgment on 26th September, 2024 before Lady Justice E.N. Maina for the Originating Summons dated 18th February, 2020 brought by Counsel for the Applicant under Section 55 of the Anti-Corruption and Economic Crimes Act (ACECA) and Section 11 (I) (j) of the Ethics and Anti-Corruption Commission Act and all enabling provisions of the law, IN THE PRESENCE of Counsel for the Applicant and Interested parties, IT IS HEREBY DECREED; 1. THAT the Respondents are jointly and severally hereby ordered to pay to the Government of Kenya the sum of Kshs. 82,083,066/- which was deposited into the 2nd Respondent's account during the period of Interest. 2. THAT the following immovable properties and the developments thereon constitute unexplained assets within the meaning of Section 55 of the ACECA and hence be and are hereby forfeited to the Government. (i) Dundori/Lanet Block 5/2232 (Kiamunyeki 'A') (ii) Dundori/Lanet Block 5/1014 (Kiamunyeki 'A') (iii) Dagorreti/Kinoo/3213 (iv) Dagoretti/Kinoo/4469 (v) Kiambu/Municipality/Block 1/233 (vi) Limuru/Kirenga/T.218 (vii) Limuru/Kirenga/T.225 3. THAT in regard to properties Dagorretti/Kino0/47 and Kikuyu/Kikuyu Block 1/891 the same be and are hereby forfeited less the value of the current market value of the land upon which the developments stand. 4. THAT the below listed motor vehicles be and are hereby forfeited to the State: - (i) KCB 253B - Tata Tipper (ii) KCH 101P - Toyota Station/ Wagon (iii) KCF 410P - Nissan Station/Wagon (iv) KCE 039L - Isuzu Truck 5. THAT in the alternative to order (b), (c) and (d) above the Respondents shall pay to the Government of Kenya an amount equal to the market value of the moveable and immovable properties as stated in the Commission's valuation report. 6. THAT the Respondents shall pay the Commission's and 11th Interested Party's costs. GIVEN under my Hand and the Seal of this Honorable Court this 26th day of September, 2024. ISSUED at Nairobi this 25th day of October, 2024. EVELYNE GAITHUMA, Deputy Registrar, High Court of Kenya Anti-Corruption and Economic Crimes Division, Nairobi. Dated the 19th November, 2024. C. O. OMONDI, Registrar, High Court of Kenya.