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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 10289
GAZETTE NOTICE NO. 10289
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—
Caroline Nyambura Ngugi that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application
No. E022 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. E022 OF 2023
ASSETS RECOVERY AGENCY—Applicant
VERSUS
CAROLINE NYAMBURA NGUGI—Respondent
BEFORE HON. LADY JUSTICE E. N. MAINA
IN CHAMBERS ON 28TH 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 preservation orders prohibiting the Respondent and/or her employees, agents, servants, representatives or any other persons acting on their behalf from selling/ charging/ mortgaging/ transferring/ disposing or any other dealing in any other manner with;
(a) Motor vehicle registration number KDA 071S, Mercedes-Benz, Station Wagon, Chassis/Frame Number
WDD2462422J187428, Engine No. 270-91030218351
3. THAT an order directing the Director-General of the National
Transport and Safety Authority to register a caveat against the record of the motor vehicle specified in order 2 above.
4. THAT the Respondent be directed to surrender the original logbook of the motor vehicle specified in prayer 2 above to the
Applicant within 7 days herein.
5. THAT the Respondent be directed to surrender the motor vehicle specified in prayer 2 above to the Applicant within 7 days herein.
6. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair effective execution of these orders.
Exparte;
UPON READING the Originating Motion dated 27th of July, 2023 brought under Certificate of Urgency, presented to this honourable
Court by Counsel for the applicant under sections 81, 82, 84 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
Hussein Mohammed sworn on 27th of July, 2023 and annextures thereto;
IT IS HEREBY ORDERED:
1. THAT preservation orders be and are hereby issued prohibiting the
Respondent and/or her employees, agents, servants, representatives or any other persons acting on their behalf from selling/ charging/ mortgaging/ transferring/disposing or any other dealing in any other manner with;
(a) Motor vehicle registration number KDA 071S, Mercedes-Benz, Station Wagon, Chassis/Frame No. WDD2462422J187428, Engine No. 270-91030218351
2. THAT an order be and is hereby issued directing the Director
General of the National Transport and Safety Authority to register a caveat against the record of the motor vehicle specified in order 1 above.
3. THAT the Respondent be and is hereby directed to surrender the original logbook of the motor vehicle specified in prayer 1 above to the Applicant within 7 days herein.
4. THAT the Respondent is hereby directed to surrender surrender the motor vehicle specified in prayer 1 above to the Applicant within 7 days herein.
5. THAT the orders granted shall be for a period of ninety (90) days as provided in section 84 (2) of the proceeds of Crimes and Anti-
Money Laundering Act.
6. THAT mention on 14th of November, 2023.
GIVEN UNDER my hand and the seal of the Honorable Court this
28th July, 2023.
ISSUED at NAIROBI this 28th day of 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 1st August, 2023.
ALICE M. MATE, PTG No. 17/23-24 Director.
4th August, 2023 THE KENYA GAZETTE
Dated the 1st August, 2023.
ALICE M. MATE,
PTG No. 17/23-24 Director.
Extracted Entities (1)
previous_gazette_ref
10289
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. 17/23-24 Director
- Date Signed
- 1st August 2023
- Page
- 44
- Extraction Method
- regex
Source Gazette
Vol. CXXV No. 175
Published 18th January 2023