GAZETTE NOTICE NO. 14883

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— 4852 4852 Escobar Kenya Limited and Eric Nguku Mbiu that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E38 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. E38 OF 2023 ASSETS RECOVERY AGENCY—(APPLICANT) VERSUS ESCOBAR KENYA LIMITED—(First Respondent) ERIC NGUKU MBIU—(Second Respondent) ORDER BEFORE HON. JUSTICE (PROF.) NIXON SIFUNA IN CHAMBERS ON 24TH OCTOBER, 2023 CLAIMS 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 do issue Preservation Orders prohibiting the 1st and 2nd Respondent its/ his representatives, employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following bank accounts respectively; i. KSh. 14,280,345.80 held in Account No.er 01037134639000 at National Bank in the name of Escobar Kenya Limited. ii. KSh. 358,556.33 held in Account No. 01045085144600 at National Bank in the name of Eric Nguku Mbiu. 3. THAT the Honourable Court do issue a Preservation Order prohibiting the Respondents employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the funds specified under prayer 2 above. 4. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair effective execution of its orders. Upon reading the Originating Motion dated 23rd October, 2023 brought under Certificate of Urgency and presented by Counsel for the Applicant under sections 81 and 82 of the Proceeds of Crime and Anti- Money Laundering Act and Order 51 Rule 1 of the Civil Procedure Rules and all enabling provisions of the law, and upon reading the supporting affidavit of Kipkurui Serem; IT IS HEREBY ORDERED— 1. THAT this application be and is hereby certified urgent. 2. THAT this Honourable Court do issue Preservation Orders prohibiting the 1st and 2nd Respondent its/ his representatives, employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following bank accounts respectively; i. KSh. 14,280,345.80 held in Account No. 01037134639000 at National Bank in the name of Escobar Kenya Limited. ii. KSh. 358,556.33 held in Account No. 01045085144600 at National Bank in the Name of Eric Nguku Mbiu. 3. THAT the Honourable Court do issue a Preservation Order prohibiting the Respondents employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the funds specified under prayer 2 above. 4. THAT the orders granted shall remain in force for a period of ninety (90) days from today. 5. THAT this matter shall be mentioned on the 23rd of January, 2024. GIVEN under my hand and the seal of the Honorable Court this 24th day of October, 2023. Dated the 19th October, 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 19th October, 2023. ALICE M. MATE, PTG 830/23/24 Director.