GAZETTE NOTICE NO. 3606

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— Elosy Kendi Mutwiri, Felix Mutwiri Muthamia, Situ Investments Limited and NCBA Bank Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E2 of 2023 as specified in the Schedule hereto: R E P U B L I C O F K E N Y A IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS APPLICATION NO. E2 OF 2023 In the Matter of: An Application for Preservation Orders under sections 81 and 82 as read with sction 131 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. KCP 336B Chassis No. ACU30-00113547 Preservation Orders for Motor Vehicle Registration No. KDC 183M Chassis No. JALFRR90NK7001566 -BETWEEN- Assets Recovery Agency……………………………………..Applicant -VERSUS- Elosy Kendi Mutwiri…………………………………...1st Respondent Felix Mutwiri Muthamia………………………………2nd Respondent Situ Investments Limited…………………………1st Interested Party NCBA Bank Limited……………………………2nd Interested Party BEFORE HONOURABLE LADY JUSTICE E.N. MAINA ON 27TH DAY OF FEBRUARY 2023 (IN CHAMBERS) APPLICATION FOR ORDERS 1. THAT this application be certified urgent and the same be heard ex-parte on a priority basis in the first instance. 2. THAT this Honourable Court be pleased to issue preservation orders prohibiting the Respondents and Interested Parties 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 motor vehicle registration KCP 336B Toyota Harrier Chassis Number ACU30-00113547, registered in the name of Elosy Kendi Mutwiri and Situ Investments Limited. 3. THAT this Honourable Court be pleased to issue preservation orders prohibiting the Respondents and 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 motor vehicle registration number KDC 183M Isuzu FRR Chassis Number JALFRR90NK7001566 registered in the name of Elosy Kendi Mutwiri and NCBA Bank PLC. 4. THAT this Honourable Court be pleased to issue an Order to the Respondents and the Interested Parties 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 be surrendered to the custody of the applicant with immediate effect. 6. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair effective execution of its orders. 7. THAT costs be provided for. THIS matter coming up for directions on the Honourable Originating Motion dated 24th February, 2023 brought under Certificate of Urgency, presented to this Honourable Court 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 other supporting laws, supported by sworn affidavit of Jilloh Ruphus, Ex-parte IT IS HEREBY ORDERED: - 1. THAT the Notice of Motion dated 24th February, 2023, be and is hereby certified urgent. 1200 1200 2. THAT an order be and is hereby issued prohibiting the Respondents and Interested Parties and/or 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 motor vehicle registration , charging/mortgaging or disposal off or other dealings in respect of motor vehicle registration KCP 336B Toyota Harrier Chassis No. ACU30-00113547registered in the name of Elosy Kendi Mutwiri and Situ Investments Limited. 3. THAT an order be and is hereby issued prohibiting the Respondents and 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 motor vehicle registration number KDC 183M Isuzu FRR Chassis No. JALFRR90NK7001566 registered in the name of Elosy Kendi Mutwiri and NCBA Bank PLC. 4. THAT an order be and is hereby issued to the Respondents and the Interested Parties 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 be surrendered to the custody of the applicant with immediate effect. 6. THAT an order be and is hereby issued directing the Director- General of National Transport and Safety Authority to register a caveat against the record of the motor vehicle specified in orders 2 and 3 above. 7. THAT the orders shall be for a period of six (6) months from this day (27/2/2023). 8. THAT mention shall be on 4th of September, 2023. GIVEN under my hand and seal of the Honorable court this 27th day of February, 2023 ISSUED at NAIROBI this 28th day of February, 2023. 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 (6) months. Dated the 6th March, 2023. BRIG. ALICE M. MATE, PTG No. 3214/22-23 Director.