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GAZETTE NOTICE NO. 15537

GAZETTE NOTICE NO. 15537

THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

(No. 9 of 2009)

PRESERVATION ORDERS


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— James Maina Ngatia, Margaret Agola Oyoo and Acme Wanji Investments Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E54 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 E54 OF 2024 IN THE MATTER OF AN APPLICATION BY THE ASSETS RECOVERY AGENCY FOR ORDERS UNDER SECTIONS 81 AND 82 OF THE PROCEEDS OF CRIME AND ANTI- MONEY LAUNDERING ACT (POCAMLA) AS READ TOGETHER WITH ORDER 51 OF THE CIVIL PROCEDURE RULES IN THE MATTER OF PRESERVATION OF FUNDS HELD IN ACCOUNT NUMBER A/C NO. 03103686906150 AT I & M BANK IN THE NAME OF JAMES MAINA NGATIA ACCOUNT NUMBER NO. 015000010518 AT FAMILY BANK IN THE NAME OF MARGARET AGOLA OYOO, 2ND RESPONDENT ACCOUNT NUMBER A/C NO. 1252565194 AT KCB BANK IN THE NAME OF ACME WANJI INVESTMENTS LIMITED BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS JAMES MAINA NGATIA—(First Respondent) MARGARET AGOLA OYOO—(Second Respondent) AND ACME WANJI INVESTMENTS LIMITED—(Interested Party) IN CHAMBERS ON 7TH NOVEMBER, 2024 BEFORE HON. LADY JUSTICE E. N. MAINA 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 this Honourable Court do issue Preservation Orders prohibiting the Respondents and the Interested Party or his/her/its representatives, employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following account; (a) ACCOUNT NUMBER NO. 03103686906150 AT I & M BANK IN THE NAME OF JAMES MAINA NGATIA, 1ST RESPONDENT (b) ACCOUNT NUMBER NO. 015000010518 AT FAMILY BANK IN THE NAME OF MARGARET AGOLA OYOO, 2ND RESPONDENT (c) KSHS. 2,500,000.00 HELD IN ACCOUNT NUMBER NO. 1252565194 AT KCB BANK IN THE NAME OF ACME WANJI INVESTMENTS LIMITED, INTERESTED PARTY. 3. THAT the Honourable Court do issue a Preservation Order prohibiting the Respondents and the Interested Party his/her/its employees, agents, servants or any other persons acting on its behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the bank accounts specified in prayer 2 above. 4. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair, effective execution of its orders. THE KENYA GAZETTE 22nd November, 2024 Ex-Parte; UPON READING the Originating Motion dated 6th November, 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. Isaac Nakitare sworn on 6th November, 2024 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT a Preservation Order be and is hereby issued prohibiting the Respondents and the Interested Party or their representatives, employees, agents or anyone acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following account; (a) ACCOUNT NUMBER NO. 03103686906150 AT I & M BANK IN THE NAME OF JAMES MAINA NGATIA, 1ST RESPONDENT. (b) ACCOUNT NUMBER NO. 015000010518 AT FAMILY BANK IN THE NAME OF MARGARET AGOLA OYOO, 2ND RESPONDENT. (c) KSHS. 2,500,000.00 HELD IN ACCOUNT NUMBER NO. 1252565194 AT KCB BANK IN THE NAME OF ACME WANJI INVESTMENTS LIMITED, INTERESTED PARTY. 2. THAT the preservation order shall be for a duration of ninety (90) days as provided under Section 84 of the Proceeds of Crime and Anti-Money Laundering Act. 3. THAT the Preservation Order shall be served upon the Respondents and Interested Party within twenty-one (21) days of today’s date. (7th November, 2024) GIVEN under my hand and the seal of the Honorable Court this 7th day of November, 2024. ISSUED at NAIROBI this 11th 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 1100/24-25 Director.

Dated the 18th November, 2024.

ALICE M. MATE,

PTG 1100/24-25 Director.

Extracted Entities (1)

previous_gazette_ref

15537

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 83(1)
Signed By
ALICE M. MATE
Title
PTG 1100/24-25 Director
Date Signed
18th November 2024
Page
59
Extraction Method
regex