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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 12068
GAZETTE NOTICE NO. 12068
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—
1. Joseph Wanjohi
2. Jane Wambui Wanjiru
3. Sidjoe Manufacturers and Suppliers
4. Marudiano Zone Limited that the High Court has issued preservation orders in Nairobi High
Court Miscellaneous Application No. 53 of 2018 as specified in the
Schedule hereto.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
APPLICATION NO. 53 OF 2018
In the Matter of: An Application 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.
AND
In the Matter of: Preservation Orders for a total of KSh.
10,930.524.68 held in Bank Accounts Numbers, 0754417005, 2036784280, 0150192835623, 0758526593, 2039278483 and
2039278459 in the name of Joseph Wanjohi, Jane Wambui Wanjiru and Sidjoe Manufacturers and Suppliers at Barclays Bank, Moi
Avenue Branch and Equity Bank Limited, Community Branch
Nairobi, motor vehicles registration numbers KBU 940W Ranger
Rover Sport S. Wagon and KCD 299H Mercedes Benz, DBA-207347 and properties numbers L.R. Nos. 27981/7 I.R.122131/65, L.R.
16217/87/17 I.R. 90025 and L.R. No. 27981/8 I.R. 122131/66 registered in the name of Marudiano Zone Limited.
-BETWEEN-
Assets RecoveryAgency………………...................………..Applicant
-VERSUS-
Joseph Wanjohi……………………............…………...1st Respondent
Jane Wambui Wanjiru……………….......….................2nd Respondent
Sidjoe Manufacturers and Suppliers………............…..3rd Respondent
Marudiono Zone Limited………………..……..............4th Respondent
IN CHAMBERS ON 16TH NOVEMBER, 2018
BEFORE HON. LADY JUSTICE H. I. ONG’UDI
ORDER
THIS MATTER is coming up for hearing of an originating motion application dated the 16th November, 2018 and presented to this court on the same date by the Counsel for the applicant under sections 81 and 82 of the Proceeds of Crime and Anti-Money Laundering Act and
Order 51 rule and upon reading the supporting affidavit of Fredrick
Muriuki:
It is hereby ordered:
1. THAT the application is certified as urgent.
2. THAT preservation orders are hereby granted prohibiting the
Respondents and/ or their agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect of funds held in the following accounts:
(i) KSh. 10, 013, 187.60 held in account number 2039278483 in the name of Sidjoe Manufacturers and Suppliers held at
Barclays Bank, Muthaiga North Branch, Nairobi.
(ii) KSh. 575,882.30 held in account number 0754417005 in the name of Joseph Wanjohi held at Barclays Bank, Moi
Avenue Branch, Nairobi.
3. THAT Preservation Orders are hereby granted against each one of the Respondents and or their employees, agents, servants or any other persons acting on their behalf prohibiting the sale transfer or disposal off or other dealings with the following motor vehicles;
(i) KBU 940W Range Rover Sport, S. Wagon registered in the name of Joseph Wanjohi, the 1st Respondent.
(ii) KCD 299H Mercedes Benze, DBA-207347, Saloon registered in the name of Joseph Wanjohi, the 1st
Respondent.
4. THAT the Respondents are hereby ordered to surrender the original logbooks of the motor vehicles specified in 3 above to the
Applicant forthwith.
5. THAT the Respondents are hereby ordered to surrender the motor vehicles specified in 3 above to the Directorate of Criminal
Investigations Headquarters in Nairobi within 7 days herein.
6. THAT in the event the Respondents fail to surrender the above motor vehicles as specified in 5 above, the Director of Criminal
Investigations is hereby ordered to seize and detain the motor vehicles specified in order 3 above.
7. THAT the Director General of National Transport and Safety
Authority is hereby ordered to register caveats against the records of each of the motor vehicles specified in order 3 above.
8. THAT Preservation Orders are hereby granted against each one of the Respondents and or their employees, agents, servants or any other persons acting on their behalf prohibiting the sale, transfer or disposal off or other dealings with the following properties;
THE KENYA GAZETTE 23rd November, 2018
4120 4120
(i) L.R. No. 27981/7 and I.R. 122131/65 registered in the name of Marudiano Zone Limited.
(ii) L.R. No. 16217/87/17 and I.R. 90025 registered in the name of Marudiano Zone Limited.
(iii) L.R. No. 27981/8 and I.R. 122131 registered in the name of Marudiano Zone Limited.
9. THAT the Chief Land Registrar is hereby ordered to register caveats against the records of each of the properties specified in order
8 above.
10. THAT the orders be served upon the following persons.
(i) Director General, National Transport and Safety
Authority
(ii) The Chief Land Registrar, Ardhi House, Nairobi
(iii) Bank Manager, Barclays Bank, Nairobi
11. That respondents to be served.
12. That the section 83(1) of Proceeds of Crime and Anti-Money
Laundering Act, 2009 be complied with.
GIVEN under my hand and the seal of the Honourable Court this 16th
November, 2018
Dated the 16th November, 2018
THE DEPUTY REGISTRAR, The High Court of Kenya, Nairobi.
Dated the 19th November, 2018.
MUTHONI KIMANI, MR/5520349 Agency Director.
Dated the 16th November, 2018.
MUTHONI KIMANI,
Agency Director.
Extracted Entities (2)
case_number
53 of 2018
previous_gazette_ref
12068
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (1)
- Signed By
- MUTHONI KIMANI
- Title
- Agency Director
- Date Signed
- 16th November 2018
- Page
- 7
- Extraction Method
- regex
Source Gazette
Vol. CXX No. 142
Published 28th February 2018