GAZETTE NOTICE NO. 10287

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— Swaleh Yusuf Ahmed and 3 Others that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E20 of 2023 as specified in the Schedule hereto: REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MILIMANI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS APPLICATION NO. E20 OF 2023 ASSETS RECOVERY AGENCY—(Applicant) VERSUS SWALEH YUSUF AHMED—(First Respondent) JAURIA YUSUF AHMED—(Second Respondent) MBARAK ABDALLAH YUSUF—(Third Respondent) ASMA ABDALLA MOHAMED—(Fourth Respondent BEFORE HON. LADY JUSTICE E.N. MAINA IN CHAMBERS ON 27TH DAY OF JULY, 2023 ORDER APPLICATIONS 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 this Honourable Court be pleased to issue a preservation prohibiting the Respondents their agents or representatives from transacting, withdrawing, transferring, using or in any way dealing in respect to funds in the following bank accounts: (a) KSh. 739,234.00 held at KCB Bank Account No. 1272392473 in the name of Jauria Yusuf Ahmed. (b) KSh. 424,824.95 held at ABSA Bank Account No. 0165242831 in the name of Jauria Yusuf Ahmed. 4th August, 2023 THE KENYA GAZETTE (c) KSh. 875,484.69 held at Co-operative Bank Account No. 01109138072800 in the name of Asma Abdalla Mohamed. 3. THAT this Honourable Court be pleased to issue a preservation Order Prohibiting the Respondents and/or their employees, agents or representatives acting on their behalf from selling/charging/mortgaging/ transferring and any other dealings in respect of: (a) L.R. No. Kilifi/Mtwapa/2598 registered in the name of Mbarak Abdalla Yusuf. (b) L.R No. Kilifi/Mtwapa/2599 registered in the name of Mbarak Abdalla Yusuf. (c) L.R No. Kilifi/Mtwapa/2600 registered in the name of Mbarak Abdalla Yusuf. (d) L.R. No. Kilifi/Kikambala Block 285/3 registered in the name of Mbarak Abdalla Yusuf 4. THAT the honourable court be pleased to issue an order directing the Chief Land Registrar to place a caveat on the suit land parcels in prayer 3 above. 5. THAT the honourable Court do issue an order preserving all that income/rental income accruing from the developments on the parcels of land in prayer 3 above and direct that all such income be paid to the applicant’s bank accounts. 6. 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. Exparte; UPON READING the Originating Motion dated 26th of July, 2023 brought under Certificate of Urgency, presented to this honourable Court by Counsel for the Applicant under sections 81, 82, 84, 87 and 131 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 No. 90903 CpL Kipkurui Serem; IT IS HEREBY ORDERED: 1. THAT a Preservation order be and is hereby issued, prohibiting the Respondents their agents or representatives from transacting, withdrawing, transferring, using or in any way dealing in respect to funds in the following bank accounts; (a) KSh. 739,234.00 held at KCB Bank Account No. 1272392473 in the name of Jauria Yusuf Ahmed. (b) KSh. 424,824.95 held at ABSA Bank Account No. 0165242831 in the name of Jauria Yusuf Ahmed. (c) KSh. 875,484.69 held at Co-operative Bank Account No. 01109138072800 in the name of Asma Abdalla Mohamed. 2. THAT a Preservation order be and is hereby issued, Prohibiting the Respondents and/or their employees, agents or representatives acting on their behalf from selling/charging/mortgaging/ transferring and any other dealings in respect of: (a) L.R. No. Kilifi/Mtwapa/2598 registered in the name of Mbarak Abdalla Yusuf. (b) L.R. No. Kilifi/Mtwapa/2599 registered in the name of Mbarak Abdalla Yusuf. (c) L.R. No. Kilifi/Mtwapa/2600 registered in the name of Mbarak Abdalla Yusuf. (d) L.R. No. Kilifi/Kikambala Block 285/3 registered in the name of Mbarak Abdalla Yusuf 3. THAT an order be and is hereby issued directing the directing the Chief Land Registrar to place a caveat on the suit land parcels in prayer 2 above. 4. THAT an Order be and is hereby issued, preserving all that income/rental income accruing from the developments on the parcels of land in prayer 2 above and direct that all such income be paid to the applicant’s bank accounts. 5. THAT the Orders granted shall be for a period of ninety (90) days as provided in section 83(1) of the Proceeds of Crimes and Anti- Money Laundering Act. 6. THAT Orders shall also be served upon the respondents as provided in section 83 (1) of the Proceeds of Crime and Anti- Money Laundering Act. 7. THAT mention on 13th of November, 2023. GIVEN under my hand and the seal of this Honourable Court this 27th day of June, 2023. ISSUED at NAIROBI this 27th July, 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 31st July, 2023. ALICE M. MATE, PTG 9/23-24 Director.