RULING
This court has been moved by the Applicant (Assets Recovery Agency) vide Originating Motion dated the 3rd July 2025 which has been brought under certificate of urgency.
It is brought 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 seeking preservation orders for motor vehicles registration Nos. KDE 406C and KDA 907R among other orders and for other properties to wit: -
(i) Eldoret municipality Block 12/621
(ii) Eldoret Municipality Block 12/622
(iii) Unit No. N55 (A three bedroomed Apartment in Athi River under project name GWG5 under Construction by the 2nd Interested Parties.
These orders have been sought among other orders as set out in prayers (3), (4), (5), (7), (8) and (9) of the Notice of Motion.
It is supported by the annexed affidavit sworn by Mr. Alfred Musalia in which he depones that from the investigations that he has carried out, the above properties were illicitly acquired by the respondent through her company namely First Choice Recruitment and Consultancy Limited, by means of false pretenses that her company could secure placement for students and eligible Kenyans with jobs in foreign countries including Qatar.
Having gone through the affidavit and the Notice of Motion, I am satisfied that the applicant has established some reasonable grounds on the basis of which the application can be allowed.
ORDER
The application is allowed in terms of Prayers (2), (3), (4), (5), (6), (7), (8) and (9) of the Notice of Motion.
FURTHER ORDER
The file is marked as closed.
.......................
L.M. NJUGUNA
JUDGE
8/7/2025
This court has been moved by the Applicant (Assets Recovery Agency) vide Originating Motion dated the 3rd July 2025 which has been brought under certificate of urgency.
It is brought 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 seeking preservation orders for motor vehicles registration Nos. KDE 406C and KDA 907R among other orders and for other properties to wit: -
(i) Eldoret municipality Block 12/621
(ii) Eldoret Municipality Block 12/622
(iii) Unit No. N55 (A three bedroomed Apartment in Athi River under project name GWG5 under Construction by the 2nd Interested Parties.
These orders have been sought among other orders as set out in prayers (3), (4), (5), (7), (8) and (9) of the Notice of Motion.
It is supported by the annexed affidavit sworn by Mr. Alfred Musalia in which he depones that from the investigations that he has carried out, the above properties were illicitly acquired by the respondent through her company namely First Choice Recruitment and Consultancy Limited, by means of false pretenses that her company could secure placement for students and eligible Kenyans with jobs in foreign countries including Qatar.
Having gone through the affidavit and the Notice of Motion, I am satisfied that the applicant has established some reasonable grounds on the basis of which the application can be allowed.
ORDER
The application is allowed in terms of Prayers (2), (3), (4), (5), (6), (7), (8) and (9) of the Notice of Motion.
FURTHER ORDER
The file is marked as closed.
.......................
L.M. NJUGUNA
JUDGE
8/7/2025