GAZETTE NOTICE NO. 15535

IN EXERCISE of the powers conferred by section 83(1) of the Proceeds of Crime and Anti-Money Laundering Act, the Agency Director gives notice to— Anwar Yogan Mwok alias Kennedy Yogan Mwok and Hallington Arum Mwok Handa that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application N. E56 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 CIVIL APPLICATION NO. E56 OF 2024 IN THE MATTER OF AN APPLICATION FOR ORDERS UNDER SECTIONS 53 (1), 81 (1), (2), AND 82 (1) OF THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT (POCAMLA) AS READ TOGETHER WITH ORDER 51 RULE 1 OF THE CIVIL PROCEDURE RULES, 2010, ARTICLE 40 (6) OF THE CONSTITUTION 2010; BETWEEN THE AGENCY DIRECTOR, ASSETS RECOVERY AGENCY— (Applicant) VERSUS ANWAR YOGAN MWOK ALIAS KENNEDY YOGAN MWOK— (First Respondent) HALLINGTON ARUM MWOK HANDA—(Second Respondent) IN CHAMBERS ON 12TH NOVEMBER, 2024 BEFORE HON. LADY JUSTICE B. M. MUSYOKI ORDER CLAIMS IN THE APPLICATION 1. This Application be and is hereby certified urgent and the same be heard ex parte in the first instance. 2. This Honourable Court be and is hereby pleased to issue an order in the nature of a preservation order restraining, enjoining or prohibiting the Respondents whether by themselves or their agents, servants, employees or otherwise howsoever from selling, transferring, disposing off, leasing, charging, encumbering, sequestrating, taking possession of, altering or interfering with the ownership of or otherwise dealing with all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/ Dandora/651 (New Survey No. 826). 3. This Honourable Court be and is hereby pleased to issue an order directing the Chief Land Registrar to enter or place a restriction against the register of all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/ Dandora/651 (New Survey No. 826)) restricting or prohibiting any dealings in the said parcel of land including transferring, charging, encumbering, leasing or sequestration without the consent of this Honourable Court. 4. This Honourable Court be and is hereby pleased to issue an order in the nature of a preservation order restraining, enjoining or prohibiting the Respondents whether by themselves or their agents, servants, employees or otherwise howsoever from receiving or collecting such rents payable on account of the residential building erected on all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/Dandora/651 (New Survey No. 826)) without the consent of this Honourable Court. 5. This Honourable Court be and is hereby pleased to issue an order directing the Respondents to hand over or surrender the certificate of ownership or title documents issued in respect of all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/ Dandora/651 (New Survey No. 826)) to the Agency THE KENYA GAZETTE 22nd November, 2024 Director or such officer as the Agency Director may nominate for safe keeping and management within 7 days of service of this order. 6. This Honourable Court be and is hereby pleased to issue an order directing such tenants or occupiers of the residential building erected on all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/ Dandora/651 (New Survey No. 826)) to pay or remit such rent payable into the Criminal Assets Recovery Fund bank account details: Account Name: Criminal Assets Recovery Fund Account Number: 1240221339 Bank Name: Kenya Commercial Bank 7. Costs of this suit; and 8. Any other relief or order that this Honourable Court may deem just and appropriate to issue. Ex-Parte; UPON READING the Originating Motion dated 7th November, 2024 brought under certificate of urgency by Counsel for the Applicant under Sections 53(1), 81(1) and (2), 82 (1) and (2) and 87 (1) and (2) and (3) of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 rule 1 of the Civil Procedure Rules, 2010, Article 40 (6) of the Constitution, 2010 and all enabling provisions of the law, AND UPON READING the supporting affidavit of Martin Samburumo sworn on 7th November, 2024 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT a Preservation Order be and is hereby issued restraining, enjoining or prohibiting the Respondents whether by themselves or their agents, servants, employees or otherwise howsoever from selling, transferring, disposing off, leasing, charging, encumbering, sequestrating, taking possession of, altering or interfering with the ownership of or otherwise dealing with all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/Dandora/651 (New Survey No. 826). 2. THAT an Order be and is hereby issued directing the Chief Land Registrar to enter or place a restriction against the register of all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/Dandora/651 (New Survey No. 826)) restricting or prohibiting any dealings in the said parcel of land including transferring, charging, encumbering, leasing or sequestration without the consent of this Honourable Court. 3. THAT a preservation order be and is hereby issued restraining, enjoining or prohibiting the Respondents whether by themselves or their agents, servants, employees or otherwise howsoever from receiving or collecting such rents payable on account of the residential building erected on all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/Dandora/651 (New Survey No. 826) without the consent of this Honourable Court. 4. This Honourable Court be and is hereby pleased to issue an order directing the Respondents to hand over or surrender the certificate of ownership or title documents issued in respect of all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/ Dandora/651 (New Survey No. 826)) to the Agency Director or such officer as the Agency Director may nominate for safe keeping and management within 7 days of service of this order. 5. THAT an order be and is hereby issued directing such tenants or occupiers of the residential building erected on all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/ Dandora/651 (New Survey No. 826) to pay or remit such rent payable into the Criminal Assets Recovery Fund bank account details: Account Name: Criminal Assets Recovery Fund Account Number: 1240221339 Bank Name: Kenya Commercial Bank 6. THAT costs of the application shall be in the cause. 7. THAT orders granted shall be effective for (90) ninety days from the date of publication of this order in the Kenya Gazette as by law required. GIVEN under my hand and the seal of this Honorable Court this 12th day of November, 2024. ISSUED at NAIROBI this 13th day of November, 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 (6) months. Dated the 18th November, 2024. ALICE M. MATE, PTG 1099/24-25 Director.