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GAZETTE NOTICE NO. 15538

GAZETTE NOTICE NO. 15538

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, the Agency Director gives notice to— Nancy Indoveria Kigunzu, George Jumba Inguti, Brince Sande Odanga, Benard Avesa Manase, Judith Makungu and Scholastica Wambui Kibathi that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E57 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 E57 OF 2024 IN THE MATTER OF AN APPLICATION FOR ORDERS UNDER SECTIONS 81, 82 AND 87 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 JUJA / KALIMONI BLOCK 4/ 311 OWNED BY NANCY INDOVERIA KIGUNZU AND REGISTERED IN THE NAME OF GEORGE JUMBA INGUTI. JUJA/ KALIMONI BLOCK 4/ 312 OWN BY THE NANCY INDOVERIA KIGUNZU AND REGISTERED IN THE NAME OF GEORGE JUMBA INGUTI AND SCOLASTICA WAMBUI KIBATHI. APARTMENT KNOWN AS GEORGINA APARTMENT SITUATED AT JUJA- KALIMONI IN KIAMBU COUNTY BUILT ON JUJA / KALIMONI BLOCK 4/ 311 AND JUJA/ KALIMONI BLOCK 4/ 312. PARCEL OF LAND L.R. NUMBER JUJA/KALIMONI BLOCK 4/319 REGISTERED IN THE NAME OF NANCY INDOVERIA KIGUNZU. PARCEL OF LAND L.R NO. 5908/8 MEASURING 201.94 HA FOUND ON FR 323/55 MEASURING APPROXIMATELY 18.53M IN LENGTH AND 8.30M IN WIDTH RESULTING INTO APPROXIMATE AREA OF 0.0154 HA REGISTERED IN THE NAME OF GEORGE JUMBA INGUTI. PARCEL OF LAND KNOWN AS THIKA PARCEL NUMBER JUJA/KALIMONI BLOCK 4/326 LOCATED IN JUJA WITHIN KIAMBU COUNTY REGISTERED IN THE NAME OF NANCY INDOVERIA KIGUNZU. A PARCEL OF LAND KNOWN AS JUJA/KALIMONI BLOCK 12/994 LOCATED IN JUJA–KIAMBU COUNTY REGISTERED IN THE NAME OF GEORGE JUMBA INGUTI. PARCEL OF LAND KNOWN AS NORTH MARAGOLI/MBALE/2544 REGISTRY MAP SHEET NUMBER 3 LOCATED WITHIN VIHIGA COUNTY REGISTERED IN THE NAME OF BENARD AVESA MANASE. PARCEL OF LAND KNOWN AS NORTH MARAGOLI/MBALE/2572 REGISTRY MAP SHEET NUMBER 3 LOCATED IN VIHIGA COUNTY REGISTERED IN THE NAME OF JUDITH MAKUNGU. A PARCEL OF LAND KNOWN AS NORTH MARAGOLI/CHAVAKALI/1933 REGISTRY MAP SHEET NUMBER 7 LOCATED IN VIHIGA COUNTY REGISTERED IN THE NAME OF BRINCE SANDE ODANGA. A PARCEL OF LAND NORTH MARAGOLI/MBALE/2593 REGISTRY MAP SHEET NUMBER 3 LOCATED IN VIHIGA COUNTY REGISTERED IN THE NAME OF BRINCE SANDE ODANGA. MOTOR VEHICLE REGISTRATION NUMBER KCR 918B TOYOTA AXIO REGISTRED NANCY INDOVERIA KIGUNZU. MOTOR VEHICLE REGISTRATION NUMBER KBQ 268H TOYOTA STATION WAGON REGISTERED IN THE NAME OF NANCY INDOVERIA KIGUNZU. MOTOR VEHICLE REGISTRATION NUMBER KCR 965G TOYOTA COROLLA REGISTERED IN THE NAME OF GEORGE JUMBA INGUTI. BETWEEN ASSETS RECOVERY AGENCY (APPLICANT) VERSUS NANCY INDOVERIA KIGUNZU—(First Respondent) GEORGE JUMBA INGUTI—(Second Respondent) BRINCE SANDE ODANGA—(Third Respondent) BENARD AVESA MANASE—(Fourth Respondent) 22nd November, 2024 THE KENYA GAZETTE JUDITH MAKUNGU—(Fifth Respondent) SCHOLASTICA WAMBUI KIBATHI—(Interested Party) IN CHAMBERS ON 15TH NOVEMBER, 2024 BEFORE HON. LADY JUSTICE B. M. MUSYOKI 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 be pleased to issue preservation orders prohibiting the Respondents and/or their employees, agents, servants, representatives or any other persons acting on their behalf from dealing in any manner with the following parcel of land and properties or developments, improvements and structures thereon; (i) JUJA / KALIMONI BLOCK 4/ 311 owned by Nancy Indoveria Kigunzu and registered in the name of George Jumba Inguti. (ii) JUJA/ KALIMONI BLOCK 4/ 312 own by the Nancy Indoveria Kigunzu and registered in the name of George Jumba Inguti and Scolastica Wambui Kibathi. (iii) Apartment known as Georgina Apartment situated at Juja- Kalimoni in Kiambu County built on JUJA / KALIMONI BLOCK 4/ 311 and JUJA/ KALIMONI BLOCK 4/ 312. (iv) Parcel of Land L.R. Number Juja/Kalimoni Block 4/319 registered in the name of Nancy Indoveria Kigunzu. (v) Parcel of land L.R No. 5908/8 measuring 201.94 Ha found on FR 323/55 measuring approximately 18.53m in length and 8.30m in width resulting into approximate area of 0.0154 Ha registered in the name of George Jumba Inguti. (vi) Parcel of land known as Thika Parcel Number Juja/Kalimoni Block 4/326 located in Juja within Kiambu County registered in the name of Nancy Indoveria Kigunzu. (vii) A parcel of land known as Juja/Kalimoni Block 12/994 located in Juja – Kiambu County registered in the name of George Jumba Inguti. (viii) Parcel of land known as North Maragoli/Mbale/2544 Registry Map Sheet Number 3 located within Vihiga County registered in the name of Benard Avesa Manase. (ix) Parcel of land known as North Maragoli/Mbale/2572 Registry Map Sheet Number 3 located in Vihiga County registered in the name of Judith Makungu. (x) A parcel of land known as North Maragoli/Chavakali/1933 Registry Map Sheet Number 7 located in Vihiga County registered in the name of Brince Sande Odanga. (xi) A parcel of land North Maragoli/Mbale/2593 Registry Map Sheet Number 3 located in Vihiga County registered in the name of Brince Sande Odanga. 3. THAT this Honourable Court do issue preservation orders preserving any rental income, benefits, profits accruing from Apartment known as Georgina Apartment situated at Juja- Kalimoni in Kiambu County built on JUJA / KALIMONI BLOCK 4/ 311 and JUJA/ KALIMONI BLOCK 4/ 312 and direct that the same be deposited in the Assets Recovery Agency deposit Account number 1240221339 held at Kenya Commercial Bank, KICC branch pending hearing and determination of the intended forfeiture application. 4. THAT this Honourable Court be pleased to order the Respondents to surrender the Title/ownership Documents of the properties specified in prayer 2 above. 5. THAT an Order directing the Chief Land Registrar do issue to register a caveat against the records of the properties specified in prayer 2 above. 6. THAT this Honourable Court be pleased to issue a preservation Order against the Respondents and/or their employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with the following motor vehicles; (i) Motor vehicle Registration Number KCR 918B Toyota Axio registered in the name of Nancy Indoveria Kigunzu. (ii) Motor vehicle Registration Number KBQ 268H Toyota Station Wagon registered in the name of Nancy Indoveria Kigunzu. (iii) Motor vehicle Registration Number KCR 965G Toyota Corolla registered in the name of George Jumba Inguti. 7. THAT the Respondents be directed to surrender the original logbooks of the motor vehicles specified in prayer 6 above to the Applicant within 7 days herein. 8. THAT an order directing the Director General of National Transport and Safety Authority to register caveats against the records of each of the motor vehicles specified in order 6 above. 9. THAT the Respondent be ordered to surrender the motor vehicles specified in prayer 6 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot with immediate effect. 10. This Honourable Court be pleased to issue the preservation order in accordance with Section 84 of the Proceeds of Crime and Anti-money laundering Act. 11. 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 12. THAT costs be provided for. Ex-Parte; UPON READING the Originating Motion dated 14th November, 2024 brought under certificate of urgency by Counsel for the Applicant under Sections 81, 82 and 87 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 Benard Gitonga sworn on 14th November, 2024 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT a Preservation Order be and is hereby issued prohibiting the Respondents and/or their employees, agents, servants, representatives or any other persons acting on their behalf from dealing in any manner with the following parcel of land and properties or developments, improvements and structures thereon; (i) JUJA / KALIMONI BLOCK 4/ 311 owned by Nancy Indoveria Kigunzu and registered in the name of George Jumba Inguti. (ii) JUJA/ KALIMONI BLOCK 4/ 312 own by the Nancy Indoveria Kigunzu and registered in the name of George Jumba Inguti and Scolastica Wambui Kibathi. (iii) Apartment known as Georgina Apartment situated at Juja- Kalimoni in Kiambu County built on JUJA / KALIMONI BLOCK 4/ 311 and JUJA/ KALIMONI BLOCK 4/ 312. (iv) Parcel of Land L.R. Number Juja/Kalimoni Block 4/319 registered in the name of Nancy Indoveria Kigunzu. (v) Parcel of land L.R No. 5908/8 measuring 201.94 Ha found on FR 323/55 measuring approximately 18.53m in length and 8.30m in width resulting into approximate area of 0.0154 Ha registered in the name of George Jumba Inguti. (vi) Parcel of land known as Thika Parcel Number Juja/Kalimoni Block 4/326 located in Juja within Kiambu County registered in the name of Nancy Indoveria Kigunzu. (vii) A parcel of land known as Juja/Kalimoni Block 12/994 located in Juja – Kiambu County registered in the name of George Jumba Inguti. (viii) Parcel of land known as North Maragoli/Mbale/2544 Registry Map Sheet Number 3 located within Vihiga County registered in the name of Benard Avesa Manase. (ix) Parcel of land known as North Maragoli/Mbale/2572 Registry Map Sheet Number 3 located in Vihiga County registered in the name of Judith Makungu. THE KENYA GAZETTE 22nd November, 2024 (x) A parcel of land known as North Maragoli/Chavakali/1933 Registry Map Sheet Number 7 located in Vihiga County registered in the name of Brince Sande Odanga. (xi) A parcel of land North Maragoli/Mbale/2593 Registry Map Sheet Number 3 located in Vihiga County registered in the name of Brince Sande Odanga. 2. THAT a preservation order be and is hereby issued preserving any rental income, benefits, profits accruing from Apartment known as Georgina Apartment situated at Juja- Kalimoni in Kiambu County built on JUJA / KALIMONI BLOCK 4/ 311 and JUJA/ KALIMONI BLOCK 4/ 312 and direct that the same be deposited in the Assets Recovery Agency deposit Account number 1240221339 held at Kenya Commercial Bank, KICC branch pending hearing and determination of the intended forfeiture application. 3. THAT an order be and is hereby issued to the Respondents to surrender the Title/ownership Documents of the properties specified in order 1 above. 4. THAT an order be and is hereby issued directing the Chief Land Registrar do issue to register a caveat against the records of the properties specified in order 1 above. 5. THAT a preservation Order be and is hereby issued against the Respondents and/or their employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposing off or other dealings with the following motor vehicles; (i) Motor vehicle Registration Number KCR 918B Toyota Axio registered Nancy Indoveria Kigunzu. (ii) Motor vehicle Registration Number KBQ 268H Toyota Station Wagon registered in the name of Nancy Indoveria Kigunzu. (iii) Motor vehicle Registration Number KCR 965G Toyota Corolla registered in the name of George Jumba Inguti. 6. THAT the Respondents be directed to surrender the original logbooks of the motor vehicles specified in order 5 above to the Applicant within 7 days herein. 7. THAT an order be and is hereby issued directing the Director General of National Transport and Safety Authority to register caveats against the records of each of the motor vehicles specified in order 5 above. 8. THAT the Respondents be and are hereby ordered to surrender the motor vehicles specified in order 5 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot with immediate effect. 9. THAT the orders shall remain in force for ninety (90) days upon publication on the gazette. GIVEN under my hand and the seal of the Honorable Court this 15th day of November, 2024. ISSUED at NAIROBI this 15th 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 1097/24-25 Director.

Dated the 18th November, 2024.

ALICE M. MATE,

PTG 1097/24-25 Director.

Extracted Entities (1)

previous_gazette_ref

15538

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 1097/24-25 Director
Date Signed
18th November 2024
Page
60
Extraction Method
regex