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GAZETTE NOTICE NO. 1928

GAZETTE NOTICE NO. 1928

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— Hardi Enterprises Limited and Toddy Civil Engineering Company Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. 8 of 2020 as specified in the Schedule hereto. REPUBLIC 0 F KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS CIVIL APPLICATION No. 8 OF 2020 IN THE MATTER OF AN APPLICATION FOR ORDERS UNDER SECTIONS 81, 82 AND 85 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 OF FUNDS: (a) KSh. 1,582,677.80 held in Account No. 0010273735777 at Equity Bank, Corporate Branch, in the Name of Hardi Enterprises Limited. (b) KSh. 6,995,427.05 held in Account No. 0105215000897 held at Sidian Bank, River Road Branch, in the name of Toddy Civil Engineering Company Limited. IN THE MATTER OF PRESERVATION ORDERS AGAINST MOTOR VEHICLES REGISTRATION NOS. KCV 969Q, KCV 577S, KCV 577X, KCR 058V, KCQ 078D, KCQ 088H, KCL 015U, KCM 502Q, KCD 577H REGISTERED IN THE NAME OF ANTHONY NGANGA MWAURA BETWEEN Assets Recovery Agency—(Applicant) VERSUS Hardi Enterprises Limited —(1st Respondent) Toddy Civil Engineering Company Limited—(2nd Respondent) Anthony Nganga Mwaura—(3rd Respondent) Rose Njeri Nganga—(4th Respondent) Ex parte ORDER IN CHAMBERS ON 24TH FEBRUARY, 2020 BEFORE HON. LADY JUSTICE MUMBI NGUGI UPON READING the Originating Motion dated the 20th February, 2020 and presented to this court on the 24th February, 2020 by the counsel for the applicant under sections 81, 82 and 85 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 rule 1 of the Civil Procedure Rules; and UPON READING the supporting affidavit of Fredick Musyoki sworn on the 20th February, 2020, together with annexure thereto; IT IS HEREBY ORDERED: 1. THAT this application be and hereby certified as urgent. 2. THAT a Preservation Orders prohibiting the 1st and 2nd Respondents and/or 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 accounts; (a) KSh. 1,582,677.80 in account no. 0010273735777 at Equity Bank, Corporate Branch, in the name of Hardi Enterprises Limited. (b) KSh. 6,995,427.05 in account No. 0105215000897 at Sidian Bank, River road branch in the name of Toddy Civil Engineering Company. 3. THAT a Preservation Order is hereby granted against the 3rd Respondent and/or his 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 registered in the name of Anthony Nganga Mwaura; (a) KCV 969Q, Nissan Qashqai (b) KCV 577S, Mercedes-Benz (c) KCV 577X, Nissan Navara (d) KCR 058V, Toyota Hilux (e) KCQ 078D, Lexus LX 450 (0 KCQ 088H, Toyota Hilux (g) KCL 015U, Toyota Hilux (h) KCM 502Q, Toyota Vanguard

Extracted Entities (2)

case_number

8 of 2020

previous_gazette_ref

1928

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 83 (1)
Page
48
Extraction Method
regex