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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 9930
GAZETTE NOTICE NO. 9930
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—
Villy Garas Limited, Hakurute Agency Limited and Darweish
Constructors Company Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application
No. E16 of 2023 as specified in the Schedule hereto.
In the Matter of: An Application for Orders under sections 81, 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 A/C No.
1210279554145 in the Name of Villy Garas
Limited held at Equity Bank, A/C No.
1210277349550 in the Name of Hakurute
Agency Limited held at Equity Bank and A/C
No. 1261691180 in the name of Darweish
Constructors Company Limited Held In Kenya
Commercial Bank Limited.
BETWEEN
ASSETS RECOVERY AGENCY—(Applicant)
VERSUS
VILLY GARAS LIMITED—(First Respondent)
HAKURUTE AGENCY LIMITED—(Second Respondent)
DARWEISH CONSTRUCTORS COMPANY LIMITED—(Third
Respondent)
IN CHAMBERS ON THE 7TH JULY, 2023
BEFORE HON. LADY JUSTICE E. N. MAINA
ORDER
THIS MATTER COMING UP before Honourable Lady Justice E.
N. Maina on the 7th July, 2023 for directions of the Originating
Motion dated the 6th July, 2023 brought by Counsel for the Applicant under sections 81 and 82 of the Proceeds of Crime and Anti-Money
Laundering Act and Order 51 of the Civil Procedure Rules and all other enabling provisions of the law and upon reading the Supporting
Affidavit of MOHAMED HUSSEIN and all the annexures thereto:
Exparte;
IT IS HEREBY ORDERED:
1. THAT this Honourable Court do issue Preservation Orders and seizure of the following monies. That is, (a) KSh. 1,671,309.19 held in A/C No. 1210279554145 in the name of Villy Garas Limited, held at Equity Bank.
(b) KSh. 901,845.85 held in A/C NO. 1210277349550 in the name of Hakurute Agency Limited, held at Equity Bank.
(c) KSh. 729,506 held in A/C No. 1261691180 in the name of
Darweish Constructors Company Limited, held in Kenya
Commercial Bank Limited.
2. THAT the orders shall be for a period of ninety (90) days.
3234 3234
3. THAT the order be served upon the Respondent within twenty-one
(21) days as provided in section 83 of the Proceeds of Crime and
Anti-Money Laundering Act.
4. THAT mention on 16th October, 2023
It is so ordered.
GIVEN under my hand and the seal of this Honourable Court this
7th day of July, 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 17th July, 2023.
ALICE M. MATE, PTG No. 1925/23-24 Director.
Dated the 6th July, 2023.
ALICE M. MATE,
PTG No. 1925/23-24 Director.
Extracted Entities (1)
previous_gazette_ref
9930
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. 1925/23-24 Director
- Date Signed
- 6th July 2023
- Page
- 39
- Extraction Method
- regex
Source Gazette
Vol. CXXV No. 170
Published 22nd February 2023