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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