GAZETTE NOTICE NO. 13563

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— 6th October, 2023 THE KENYA GAZETTE Scola Imbiti Namunyu, Randy Ngala Mwangome and Peter Muthui Wambugu that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E33 of 2023 as specified in the Schedule hereto. IN THE MATTER OF AN APPLICATION FOR ORDERS UNDER SECTIONS 81, 82 OF THE PROCEEDS OF CRIME AND ANTI- MONEY LAUNDERING ACT (POCAMLA) AS READ TOGETHER WITH ORDER 51 OF THE CIVIL PROCEDURE RULES. AND IN THE MATTER OF PRESERVATION OF KSH. 93,159.24 HELD AT CO-OPERATIVE BANK LIMITED A/C NO. 01100005319200 IN THE NAME OF SCOLA IMBITI NAMUNYU; AND IN THE MATTER OF PRESERVATION OF KSH. 41,753.63 HELD AT DIAMOND TRUST BANK LIMITED A/C NO. 5017697001 IN THE NAME OF SCOLA IMBITI NAMUNYU; AND IN THE MATTER OF PRESERVATION OF KSH. 469,712.49 HELD AT DIAMOND TRUST BANK LIMITED A/C NO. 5637786001 IN THE NAME OF SCOLA IMBITI NAMUNYU AND RANDY NGALA; AND IN THE MATTER OF PRESERVATION OF KSH. 3,739.10 HELD AT RAFIKI BANK LIMITED A/C 012010002706 IN THE NAME OF SCOLA IMBITI NAMUNYU AND RANDY NGALA; AND IN THE MATTER OF PRESERVATION OF KSH. 697,047.20 HELD AT ABSA BANK A/C 2043012145 IN THE NAME OF SCOLA IMBITI NAMUNYU, RANDY NGALA AND PETER MUTHUI WAMBUGU; BETWEEN ASSETS RECOVERY AGENY—(Applicant) VERSUS SCOLA IMBITI NAMUNYU—(First Respondent) RANDY NGALA MWANGOME—(Second Respondent) PETER MUTHUI WAMBUGU—(Third Respondent) IN CHAMBERS ON 19TH SEPTEMBER, 2023 BEFORE HON. LADY JUSTICE E. N. MAINA ORDER THIS MATTER COMING UP before Honourable Lady Justice E. N. Maina on 19th September, 2023 for directions on the Originating Motion dated 18th September, 2023 brought by Counsel for the Applicant under sections 81 and 82 of the Proceeds of Crime and Anti- Money Laundering Act and Order 51 of the Civil Procedure Rules, and all other enabling provisions of the law AND UPON READING the Supporting Affidavit of NICHOLAS SUNE and all the annexures thereto: IT IS HEREBY ORDERED: 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. THAT a Preservation Orders be and is hereby issued prohibiting the respondents and/or their directors, employees, agents, servants or any persons acting on its behalf from transacting, transferring and/or dealing in any manner with funds and interest held in the following accounts; (a) KSh.93,159.24 held at Co-operative Bank Limited Account Number 01100005319200 in the name of Scola Imbiti Namunyu; (b) KSh. 41,753.63 held at Diamond Trust Bank Limited KES Account Number 5017697001 in the name of Scola Imbiti Namunyu; (c) KSh. 469,712.49 held at Diamond Trust Bank Limited KES Account Number 5637786001 in the name of Scola Imbiti Namunyu and Randy Ngala; (d) KSh. 3,739.10 held at Rafiki Bank Limited Account Number 0122010002706 in the name of Scola Imbiti Namunyu and Randy Ngala; (e) KSh. 697,047.20 held at Absa Bank KES Account Number 2043012145 in the name of Scola Imbiti Namunyu, Randy Ngala and Peter Muthui Wambugu; 3. THAT this preservation order be served upon the Respondents within twenty-one (21) days as provided in section 83(1) of the Proceeds of Crime and Anti-Money Laundering Act. 4. THAT the preservation order granted shall be for a period of ninety (90) days as provided in Section 84 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). 5. THAT the matter shall be mentioned on 24th January, 2024. GIVEN under my hand and the seal of this Honourable Court this 19th day of September, 2023. ISSUED at NAIROBI this 19th day of September, 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 27th September, 2023. ALICE M. MATE, PTG 515/23-24 Director.