GAZETTE NOTICE NO. 13306

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— Gideon Kipkurui Rono and 10 Others that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E30 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. E30 OF 2023 ASSETS RECOVERY AGENCY—(Applicant) VERSUS GIDEON KIPKURUI RONO—(First Respondent) KIPKEMOI ISAC—(Second Respondent) EDWIN KIPKORIR CHERUIYOT—(Third Respondent) NELSON KAMAU NJOROGE—(Fourth Respondent) GIDION KIBET KOECH—(Fifth Respondent) JONNES KIPKIRUI CHERUIYOT—(Sixth Respondent) GIDEON KIPKOECH KIRUI—(Seventh Respondent) AND NAKURU EQUIPMENT SUPPLIES LIMITED—(First Interested Party) RENSAS INVESTMENTS LIMITED—(Second Interested Party) MYCREDIT LIMITED—(Third Interested Party) NCBA BANK KENYA LIMITED—(Fourth Interested Party) BEFORE HON. LADY JUSTICE E.N. MAINA IN CHAMBERS ON 11TH DAY OF SEPTEMBER, 2023 ORDER APPLICATIONS FOR IN THE APPLICATION; 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. This Honourable Court be and is hereby pleased to issue preservation orders restraining or prohibiting the Respondents, their agents, employees, representatives or otherwise howsoever from selling, transferring, disposing of, encumbering or otherwise interfering with the possession and/ or ownership of the following motor vehicles and motor cycles: Motor Vehicles 3. KDD 599P, Toyota Mark X, Chassis No. GRX130-6087903 in the name of Kipkemoi Isac; 4. KDD 060A, Subaru Forester, Chassis No. SJG-021569 in the name of Gideon Kipkurui Rono; 5. KDG 899M, Subaru Impreza, Chassis No. GJ3-007811 in the name of Jonnes Kipkirui Cheruiyot and Mycredit Limited; 6. KDG 972S, Subaru Forester, Chassis No. SJG-022398 in the name of Nelson Kamau Njoroge and NCBA Bank Kenya Limited; 7. KDG 061R, Subaru Forester, Chassis No. SJG-019852 in the name of Edwin Kipkorir Cheruiyot; and 8. KDG 301T, of, Chassis No. GP2-020534 in the name of Gidion Kibet Koech. 4308 4308 Motorcycles 9. KMFZ 526E, Bajaj Boxer, Chassis No. MD2A21BX0MWG94980 in the name of Nakuru Equipment Supplies Limited; 10. KMFG 688D, Bajaj Boxer, Chassis No. MD2A18AY9LWD91856 in the name of Nakuru Equipment Supplies Limited; 11. KMGC 024J, in the name of Rensas Investments Limited; 12. KMFG 362P, Bajaj Boxer, Chassis No. MD2A18AY0LWE87574 in the name of Jonnes Kipkirui Cheruiyot; and 13. KMGD 635M, Bajaj Boxer, Chassis No. MD2A21BX7NWM88120 in the name of Gidion Kipkoech Kirui. 14. This Honourable Court be and is hereby pleased to issue an order directing the Respondents and Interested Parties being the respective registered or beneficial owners of the motor vehicles and motor cycles listed under prayer (b) above to deliver or surrender to the Applicant the original logbooks of the motor vehicles and motor cycles within seven (7) days of the service of this order; 15. This Honourable Court be and is hereby pleased to issue an order directing Director General, National Transport and Safety Authority to register caveats against the records of each of the motor vehicles and motor cycles specified under prayer (b) above; 16. This Honourable Court be and is pleased to issue an order authorizing Mr. Jackson Kimani and Mr. Peter Mutisya, being police officers duly authorized by the Agency Director, to seize or otherwise take possession of the motor vehicles and motor cycles listed under prayer (b) above and deliver or surrender them to the Agency Director or such officer deputed by the Agency Director for safe keeping, storage and management; 17. Costs be provided for; and 18. Any other orders that this Honourable Court may deem just and appropriate to issue. Exparte; UPON READING the Originating Motion dated 1th of September, 2023 brought under Certificate of Urgency, presented to this honourable Court by Counsel for the applicant under section 53 (1), 81 (1) and 2 and section 82 (1) and (2) (b) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, Order 51 Rule 1 of the Civil Procedure Rules 2010, Article 40 (6) of the Constitution of Kenya 2010 and all other enabling provisions of the law, AND UPON READING the Supporting affidavit of Peter Mutisya; IT IS HEREBY ORDERED: 1. THAT this Application be and is hereby certified urgent. 2. THAT preservation orders be and are hereby issued restraining or prohibiting the Respondents, their agents, employees, representatives or otherwise howsoever from any other selling, transferring, disposing of, encumbering or otherwise interfering with the possession and/ or ownership of the following motor vehicles and motor cycles: Motor vehicles (i) KDD 599P, Toyota Mark X, Chassis No. GRX130-6087903 in the name of Kipkemoi Isac; (ii) KDD 060A, Subaru Forester, Chassis No. SJG-021569 in the name of Gideon Kipkurui Rono; (iii) KDG 899M, Subaru Impreza, Chassis No. GJ3-007811 in the name of Jonnes Kipkirui Cheruiyot and Mycredit Limited; (iv) KDG 972S, Subaru Forester, Chassis No. SJG-022398 in the name of Nelson Kamau Njoroge and NCBA Bank Kenya Limited; (v) KDG 061R, Subaru Forester, Chassis No. SJG-019852 in the name of Edwin Kipkorir Cheruiyot; and (vi) KDG 301T, of, Chassis No. GP2-020534 in the name of Gidion Kibet Koech. Motorcycles (i) KMFZ 526E, Bajaj Boxer, Chassis No. MD2A21BX0MWG94980 in the name of Nakuru Equipment Supplies Limited; (ii) KMFG 688D, Bajaj Boxer, Chassis No. MD2A18AY9LWD91856 in the name of Nakuru Equipment Supplies Limited; (iii) KMGC 024J, in the name of Rensas Investments Limited; (iv) KMFG 362P, Bajaj Boxer, Chassis No. MD2A18AY0LWE87574 in the name of Jonnes Kipkirui Cheruiyot; and (v) KMGD 635M, Bajaj Boxer, Chassis No. MD2A21BX7NWM88120 in the name of Gidion Kipkoech Kirui. 3. THAT an order be and is hereby issued directing the Respondents and Interested Parties being the respective registered or beneficial owners of the motor vehicles and motorcycles listed under order (2) above to deliver or surrender to the applicant the original logbooks of the motor vehicles and motor cycles within seven (7) days of service of this order. 4. THAT an order be and is hereby issued directing the Director- General, National Transport and Safety Authority to register caveats against the records of each motor vehicles and motor cycles specified under order 2 above. 5. THAT an order be and is hereby issued authorizing Jackson Kimani and Peter Mutisya, being police officers duly authorized by the Agency Director, to seize or otherwise take possession of the motor vehicles and motor cycles listed under order (2) above and deliver or surrender them to the Agency Director or such officer deputed by the Agency Director for safe keeping, storage and management. 6. THAT the preservation 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. 7. THAT mention on 22nd of January, 2024. GIVEN UNDER my hand and the seal of the Honorable Court this 11th September, 2023. ISSUED at NAIROBI this 12th day of September, 2023. DEPUTY REGISTRAR ANTI CORRUPTION AND ECONOMIC CRIMES DIVISION HIGH COURT-NAIROBI 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 14th September, 2023. ALICE M. MATE, PTG 430/23-24 Director.