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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 7850
GAZETTE NOTICE NO. 7850
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—
Fumbisha Ilunga Yves that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E11 of
2023 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. E11 OF 2023
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 of Funds held at Postbank Limited
Account No. 0785040012175 in the name of
Fumbisha Ilunga Yves
BETWEEN
ASSETS RECOVERY AGENCY—APPLICANT
VERSUS
FUMBISHA ILUNGA YVES—RESPONDENT
IN CHAMBERS ON 5TH JUNE, 2023
BEFORE LADY JUSTICE E.N MAINA
ORDER
APPLICATION FOR ORDERS IN THE APPLICATION:
1. THAT this Application be certified urgent and the same be heard Ex-Party on a priority basis in the first instance.
2. THAT this Honorable Court do issue Preservation Orders and seizure of monies held in 0785040012175 in the name of Fumbisha
Ilunga Yves being KSh. 3,729,052.96 domiciled at Post Bank Limited.
3. THAT this Honorable Court do make any other ancillary orders it may deem fit and necessary for the proper and effective execution of its orders.
4. THAT costs be provided for.
THIS matter coming up before Hon. Lady Justice E. N. Maina on
5th June, 2023 for directions of the Originating Motion dated 2nd
June, 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 all other enabling provisions of the law and upon Reading the Supporting Affidavit of
Mohammed Godana and all the annexures thereto:
Exparte;
IT IS HEREBY ORDERED: -
1. THAT this Application be and is hereby certified urgent.
2. THAT Preservation Orders and seizure of monies held in
0785040012175 in the name of Fumbisha Ilunga Yves being
KSh.3,729,052.96 domiciled at Post Bank Limited.
3. THAT order for preservation shall be for a period of ninety
(90) days as provided for in section 84 of the POCAMLA.
4. THAT mention shall be on the 18th of September, 2023.
5. THAT the order to be served upon the Respondent as provided by the law.
It is so ordered.
GIVEN under my hand and the seal of this Honourable Court this
5th day of June, 2023.
ISSUED at NAIROBI this 5th day of June, 2023.
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 6th June, 2023.
ALICE M. MATE, PTG No. 3274/22-23 Director.
Dated the 6th June, 2023.
ALICE M. MATE,
PTG No. 3274/22-23 Director.
Extracted Entities (1)
previous_gazette_ref
7850
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
- PTG No. 3274/22-23 Director
- Date Signed
- 6th June 2023
- Page
- 43
- Extraction Method
- regex
Source Gazette
Vol. CXXV No. 137
Published 13th February 2023