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PRESERVATION ORDERS
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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
Source Gazette
Vol. CXXV No. 170
Published 22nd February 2023