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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 53
GAZETTE NOTICE NO. 53
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—
Group Elykia Limited and 3 OTHERS that the High Court has issued preservation orders in Nairobi High Court Miscellaneous
Application NO. E046 of 2021 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. E46 OF 2021
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 Funds Held in Bank
Accounts in Following Bank Accounts;
• USD. 1,747, 105.15 held in Account No. 0100006828528 at
Stanbic Bank Limited in the name of Group Elykia Limited
• USD. 305,950.87 held in Account No. 0100005345841 at
Stanbic Bank Limited in the name of Jean-Paul Tshikangu
Musangu
• USD. 488, 423.25 held in Account No. 0100005345914 at
Stanbic Bank Limited in the name of Venan Ma-Mabiala
Mabiala
AND
In the Matter of: Motor Vehicle Registration Number KDE 033S
Registered in the Name of Car Warehouse
Limited
BETWEEN
ASSETS RECOVERY AGENCY—(1st Applicant)
VERSUS
GROUP ELYKIA LIMITED— (1st Respondent)
Member Name ID No. Position
Weldon Kiprop 33638271 Member
Betty Langat 1 1242503 Member
Sachangwan Health Centre
Samuel Sitienei 12745463 Chairman
Facility i/c 14580440 Secretaa
Milka W. Mwangi 24924668 Treasurer
Julius Onyanja 304435 Member
Benjamin Kimani 11828764 Member
Alice Ndungwa 9126455 Member
Robert Kipkoech 24445140 Member
Silvanus Mosota 96924 Member
Mwangi Michuki Dispensary
John Ndungu 3418812 Chairman
Facility i/c 32461405 Secretary
Treasurer
Jane Njambi 11009718
Grace Wambui l 1153104 Member
Isaac Wamugi 7026962 Member
Simon N.an • a 6438633 Member
Peter Kimani 32340771 Member
Peter Kimondo 2327737 Member
Peter N:an:a Ka.o 7534805 Member
Arimi Dispensary
Christo.her Maina 9126972 Chairman
Facility i/c 24671279 Secretary
Treasurer
Mary Wachera 5768138
Samwel Mwangi 7917109 Member
John Njoroge 30499948 Member
Veronicah Wangari 10272053 Member
John Chege 263374 Member
Marioshoni Dispensary , Isaac Ruto 24195785 Chairman
Beatrice Cheptanui 8547973 Treasurer
Facility i/c 25204191 Secretary
David Rotich 30362036 Member
Richard Mwangila 20779874 Member
Margaret Namunge 98321 18 Member
Rose Chelangat 33457560 Member 1
Tabitha Kibilo 3638149 Member
Nyakiambi Dispensary
David Wainaina 8948776
Chairman
Peter Kamau 10774799 Vice Chainnan
Rebecca Wanjiru 22571081 ' Treasurer
Jane Kamau 28362800 i Secretary
Member
Member
Miriam Njeri 22170130
Shadrack Njoroge 12744471
John N ige
20529601 Mamber
Mona Dispensary
Peter NAia Karaja 4275738 _j Chairman
Eunice Kagia 22596981
27010303
1Secretary
Susan Wangari
Treasurer
Joseph Mur_aya 6366995 Member
Francis Kamando 741419 Member
Peter Muciri 26727032 Member
Penis Wangeci 30034192 Member
Peter Rugambi 3623003 Member
Jane Wanjiru 8554704 Member
Mukorombosi H/C
John Wachira 8546546 Chairman
Lucy Maina
27311790 Treasurer
Stephen Gacheru
22816511 Secretary
John Kabiru
2940026 Member
Everlyn Omosa
13327154 Member
Mary Njoki
1032436 Member
Evans Kimani
21253778 Member
Ernest Mwangi
248366021 Member
Wairimu Kanyiri 7917180 Member
Kapsita Dispensary
Peter Gikonyo 11827664 Chairman
Grace Nyanchama
Treasurer
Eunice Mumbi
28587204 Secretary
Mercy Kuria 32997069 Member
7th January, 2022 THE KENYA GAZETTE
JEAN-PAUL TSHIKANGU MUSANGU—(2nd Respondent)
VENAN MA-MABIALA MABIALA— (3rd Respondent)
CAR WAREHOUSE LIMITED—(Interested Party)
ORDER
THIS matter is coming up before Honorable Lady Justice E. Maim on the 20th December, 2021, for directions of Originating Motion dated the 20th December, 2021 brought 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 other enabling provisions of the law and upon reading the supporting affidavit of No. 75821 Cpl. Sautet Jeremiah Matipei and annexures thereof: -
Exparte
IT IS HEREBY ORDERED:
1. THAT Preservation Orders be and are hereby issued prohibiting the Respondents, their 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;
• USD. 1,747, 105.15 held in Account No. 0100006828528 at
Stanbic Bank Limited in the name of Group Elykia Limited
• USD. 305,950.87 held in Account No. 0100005345841 at
Stanbic Bank Limited in the name of Jean-Paul Tshikangu
Musangu
• USD. 488, 423.25 held in Account No. 0100005345914 At
Stanbic Bank Limited in the name of Venan Ma-Mabiala
Mabiala
2. THAT Preservation Order be and are hereby issued prohibiting the Respondents, their 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 any profits or benefits derived or accrued from the funds specified under order I above.
3. THAT a preservation Order be and are hereby issued against the Interested Party and Respondents and/or their employees, agents or representatives acting on her behalf prohibiting the sale, transfer or disposing off or other dealings with the following motor vehicle;
(i) KDE 033S Mercedes Benz Registered in the name of the
Interested Party and owned by the 2nd Respondent.
4. THAT the Respondent and Interested Party are hereby directed to surrender the original logbook of the motor vehicle specified in order 3 above to the Applicant with immediate effect.
5. THAT an order be and are hereby issued directing the Director-
General of National Transport and Safety Authority to register caveat against the record of the motor vehicle specified in order 3 above.
6. THAT the Respondents and Interested Party are hereby ordered to surrender the motor vehicle specified in order 3 above to the
Applicant with immediate effect.
7. THAT the order granted shall be for ninety (90) days as provided in section 84 of the Proceeds of Crime and Anti-Money
Laundering Act (POCAMLA).
8. THAT cost shall be in the cause.
9. THAT mention shall be on 29th March, 2022.
IT IS SO ORDERED
GIVEN under my hand and seal of the Honorable court this 20th day of December, 2021.
Issued at Nairobi this 21st day of December, 2021.
DEPUTY REGISTRAR, High Court, Anti Corruption and Economic Crimes Division.
PENAL NOTICE
Take notice that if you, the above named respondents 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 months.
Dated the 28th December, 2021.
ALICE M. MATE, MR/3231084
Director.
Dated the 20th December, 2022.
ALICE M. MATE,
Director.
Extracted Entities (1)
previous_gazette_ref
53
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
- Director
- Date Signed
- 20th December 2022
- Page
- 42
- Extraction Method
- regex
Source Gazette
Vol. CXXIV No. 2
Published 4th January 2022