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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 55
GAZETTE NOTICE NO. 55
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—
Dida Jarso Ache and 5 Others that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application
No. E048 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 APPLICATION NO. E48 OF 2021
In the Matter of.• An Application for Preservation 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 Motor Vehicle Registration
No. KCU 348H
In the Matter of: Preservation Orders for Motor Vehicle Registration
No. KCW 835N
In the Matter of: Preservation Orders for Motor Vehicle Registration
No. KCS 906G
In the Matter of: Preservation Orders for Motor Vehicle Registration
No. KCN 112H
In the Matter of: Preservation Orders for cash Kenya Shillings One
Hundred and Eighty-Three Thousand
BETWEEN
ASSETS RECOVERY AGENCY — (Applicant)
VERSUS
DIDA JARSO ACHE—(1st Respondent)
YUSUF HALKANO SOKONO—(2nd Respondent)
GRACE ANYONA MBINDA —(1st Interested Party)
JARSO BORU DIDA —(2nd Interested Party)
FLORENCE NTHENYA KIMEU—(3rd
Interested Party)
SAMWEL NYABWENGI MAOBE—(4th
Interested Party)
ORDER
THIS matter is coming up before Honorable Lady Justice Dorah
Chepkwony on the 24th December, 2021, for directions of notice of motion dated the 24th 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 Cpl. Isaac Nakitare and annexures thereof;
Exparte:
IT IS HEREBY ORDERED
1. THAT the application dated 23rd December 2021 is certified as urgent.
2. THAT a preservation be and is hereby issued prohibiting the
Respondents and the Interested Parties and/or their employees, agents, servants or any other persons acting on their behalf from the selling, transferring or disposing off or any other dealings in any manner with following motor vehicles:—
(a) Motor vehicle Registration No. KCU 348H Toyota Land
Cruiser, registered in the name of Grace Anyona Mbinda;
(b)
Motor vehicle Registration No. KCW 835N Mercedes Benz
Actros, registered in the name of Jarso Boru Dida;
(c)
Motor vehicle Registration No. KCS 906G Toyota Ractis, registered in the name of Florence Nthenya Kimeu;
(d)
Motor vehicle Registration No. KCN 112H Toyota Probox registered in the name of Samwel Nyabwengi Maobe;
3. THAT an order be and is hereby issued to the Respondents and the Interested Parties to surrender the original logbooks of the motor vehicles specified in order 2 above to the Applicant within 7 days herein.
4. THAT the motor vehicles specified in order 2 above to be surrendered to the custody of the Applicant and assembled at the
Directorate of Criminal Investigations along Kiambu Road with immediate effect.
5. THAT an order be and is hereby issued directing the Director-
General of National Transport and Safety Authority to register a caveat against the records of the motor vehicles specified in order 2 above.
6. THAT the cost of the application to be in the cause.
7. THAT the orders granted to obtain for period of 90 days as per the provisions of section 84 of the proceeds of crime and Anti- Money
Laundering Act (POCAMLA).
8. THAT mention 29th day of March, 2022.
IT IS SO ORDERED.
GIVEN UNDER my hand and the seal of the Honorable Court this
24th day of December, 2021.
ISSUED at NAIROBI this 28th day of December, 2021.
DEPUTY REGISTRAR, High Court of Kenya at Nairobi.
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, Director.
MR/3231084
MR/3231084
7th January, 2022 THE KENYA GAZETTE 47
Dated the 24th December, 2022.
ALICE M. MATE,
Director.
Extracted Entities (1)
previous_gazette_ref
55
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
- 24th December 2022
- Page
- 44
- Extraction Method
- regex
Source Gazette
Vol. CXXIV No. 2
Published 4th January 2022