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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