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GAZETTE NOTICE NO. 9932

GAZETTE NOTICE NO. 9932

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— Abdulmajid Msallam Timami and Said Mselem Abdallah that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application NO. E18 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 ACEC MISC. NO. E18 OF 2023 ASSETS RECOVERY AGENCY—(Applicant) VERSUS ABDULMAJID MSALLAM TIMAMI—(First Respondent) SAID MSELEM ABDALLAH—(Respondent) ORDER BEFORE HON. LADY JUSTICE E. N. MAINA IN CHAMBERS ON THE 17TH OF JULY, 2023 CLAIM FOR IN THE APPLICATION: 1. THAT this application be certified urgent and the same be heard ex-parte on a priority basis in the first instance. 2. THAT the Honourable Court to issue an Order Preserving ALL that income/rental income accruing from the developments on the parcels of land parcels; (a) C.R. 66464. MN/SECTION II/14173(Orig. No. 14152/22) survey plan number 371828 within Mombasa Municipality. (b) C.R. 66464. Registered as C.R. 64557/36. MN/SECTION II/14171 (Orig. No. 14152/20) on survey plan number 371826 within Mombasa Municipality. (c) C.R. 66469. Registered as C.R. 64557/35. MN/SECTION II/14170 (ORIG NO 14152/19) on survey plan number 371825 within Mombasa Municipality. 3. THAT the Honourable Court to issue an Order that all income/rental income accruing from the developments on the parcels 28th July, 2023 THE KENYA GAZETTE of land in prayer 2 above be paid and preserved in the applicant’s bank accounts. 4. THAT the Honourable Court be pleased to make any other ancillary order it may deem fit for the proper, fair, effective execution of its orders. UPON READING the Originating Motion dated 11th of July, 2023 brought to this honourable Court by Counsel for the Applicant, brought under sections 81, 82 and 131 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 Rule 1 of the Civil Procedure Rules and upon reading the Supporting Affidavit of NO. 62652 Isaac Nakitale;- Exparte; IT IS HEREBY ORDERED: 1. THAT this application be and is hereby certified urgent and the same be heard ex-parte on a priority basis in the first instance. 2. THAT the Honourable Court an order be and is hereby issued Preserving ALL that income/rental income accruing from the developments on the parcels of land parcels; (a) C.R. 66464. MN/SECTION II/14173(Orig. No. 14152/22) survey plan number 371828 within Mombasa Municipality. (b) C.R. 66464. Registered as C.R. 64557/36. MN/Section II/14171 (ORIG NO. 14152/20) on survey plan number 371826 within Mombasa municipality. (c) C.R. 66469. Registered as C.R. 64557/35. MN/Section II/14170 (ORIG NO 14152/19) on survey plan number 371825 within Mombasa municipality. 3. THAT an Order be and is hereby issued that all income/rental income accruing from the developments on the parcels of land in Order (2) above be paid and preserved in the applicant’s bank accounts. 4. THAT the Orders be served upon the Respondents within 21 days as provided in section 83(1) of the POCAMLA. 5. THAT the Order for preservation issued above shall be for 90 days as provided in section 84 of the POCAMLA. 6. THAT the matter to be mentioned on 6th November, 2023. GIVEN under my hand and the seal of this Honourable Court this 17th day of July, 2023. ISSUED at NAIROBI this 17th 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 26th July, 2023. ALICE M. MATE, PTG No. 1944/23-24 Director.

Dated the 26th July, 2023.

ALICE M. MATE,

PTG No. 1944/23-24 Director.

Extracted Entities (1)

previous_gazette_ref

9932

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. 1944/23-24 Director
Date Signed
26th July 2023
Page
40
Extraction Method
regex