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GAZETTE NOTICE NO. 14873

GAZETTE NOTICE NO. 14873

THE KENYA GAZETTE 2nd December, 2022 PRESERVATION ORDERS IN EXERCISE of the powers conferred by section 83 (1) of the Proceeds of Crime and Anti-Money Laundering Act

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— Abdinasir Hirbo Shande, First Community Bank Limited and Galgalo Mohamed Liban that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application NO. E56 of 2022 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 E56 OF 2022 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 Motor Vehicle Registration No. KCR 003A Chassis No. BAVFN627RISY00820 Preservation Orders for Motor Vehicle Registration No. KCZ 056L Chassis No. BAVFN627RL SY0097 -BETWEEN- ASSETS RECOVERY AGENCY Applicant -VERSUS- ABDINASIR HIRBO SHANDE 1st Respondent IN VIRTUAL COURT ON 21ST NOVEMBER, 2022 BEFORE HON. LADY JUSTICE E.N.MAINA ORDER APPLICATION FOR ORDERS 1. THAT this matter be certified urgent and the same be heard exparte on a priority basis in the first instance. 2. THAT this Honourable Court be pleased to issue preservation Orders prohibiting the Respondents and/or their employees, agents, servants, or any other persons acting on their behalf from selling, transferring or disposing off or any other dealings in any manner with following motor vehicle registration number KCZ 056L Mitsubishi Fuso Chassis No. BAVFN627RSY0097 registered in the name of Galgalo Mohamed Liban. 3. THAT this Honourable Court be pleased to issue preservation Orders prohibiting the Respondents and/or their employees, agents, servants, or any other persons acting on their behalf from selling, transferring or disposing off or any other dealings in any manner with following motor vehicle registration number KCR 003A Mitsubishi Fuso Chassis No. BAVFN627R1SY00820 registered in the name of Abdinasir Hirbo Shande and First Community Bank Limited . 4. THAT the Honourable Court do issue an Order to the Respondents to surrender the original logbook of the motor vehicles specified in prayers 2 and 3 above to the Applicant within 7 days herein. 5. THAT the motor vehicles specified in prayer 2 and 3 above abe surrendered to the custody of the applicant with immediate effect. 6. THAT the order directing the Director General of National Transport and Safety Authority to register s caveat against the records of the motor vehicles specified in prayers 2 and 3 above. 7. THAT the Honourable Court makes any other ancillary order it amy deem fit for the proper, fair effective execution of its orders. 8. THAT costs be provided for. 9. THIS MATTER COMING UP before Honourable Lady Justice E. Maina on 21st November, 2022 for directions of Originating Motion 17th November, 2022, 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. Fredrick Muriuki and annexures thereof: - IT IS HEREBY ORDERED: - 1. THAT Preservation orders be and are hereby issued prohibiting the Respondents and/or their employees, agents, servants or any other persons actin on their behalf from the selling, transferring or disposing off any other dealings in any manner with following motor vehicle registration number KCR 003A Chassis No. BAVFN627RISY00820 Mitsubishi Fuso Chassis No. BAVFN627RISY00820 registered in the name of Galgalo Mohamed Liban. 2. THAT Preservation orders be and are hereby issued prohibiting the Respondents and/or their employees, agents, servants, or any other persons acting on their behalf from selling, transferring or disposing off or any other dealings in any manner with following motor vehicle registration number KCR 003A Mitsubishi Fuso Chassis No. BAVFN627RISY00820 registered in the name of Abdinasir Hirbo Shande and First Community Bank Limited. 3. THAT this orders shall subsist for 90 days. 4. THAT this orders be served upon the Respondents within fourteen (14) days of today's date (21st November, 2022). 5. THAT mention for directions on the 21st February, 2023. GIVEN under my hand and seal of the Honorable court this 21st day of November, 2022 ISSUED at NAIROBI this 22nd day of November, 2022 DEPUTY REGISTRAR, High Court Anti Corruption and Economic Crimes Division. PENAL NOTICE Take Notice that if you, the above named respondnets 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 1st December, 2022. ALICE M. MATE, PTG No. 1496/22-23 Director.

Dated the 1st December, 2022.

ALICE M. MATE,

PTG No. 1496/22-23 Director.

Extracted Entities (1)

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14873

Details

Act / Legislation
THE KENYA GAZETTE 2nd December, 2022 PRESERVATION ORDERS IN EXERCISE of the powers conferred by section 83 (1) of the Proceeds of Crime and Anti-Money Laundering Act
Signed By
ALICE M. MATE
Title
PTG No. 1496/22-23 Director
Date Signed
1st December 2022
Page
43
Extraction Method
regex