The applicant, Assets Recovery Agency has moved this court vide the Originating Motion dated the 28th July, 2025 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. The Applicant has sought for preservation orders.
The application is premised on the grounds set out on the face of the application and it’s supported by the annexed affidavit sworn by Alfred Musalia.
The Applicant avers that on the 20th June 2025, it received information that Timothy Kipchumba Cheboi, a Senior Relationship Manager Public Sector accounting at Family Bank, Rachel Njeri Kamande and Agnes Wairimu were involved in a scheme to defraud the Public Trustee – Administration of Estates. That the scheme involved transfer of funds to the personal accounts of Rachel Njeri & Agnes Wairimu while Timothy Kipchumba facilitated quick processing of the payments and withdrawal of the funds. That the two individuals were listed as beneficiaries of the estates of the late Paul Gathongo and Joseph Mwangi, respectively and between 28th May, 2025 and 11th June, 2025 the accounts of Rachael Njeri and Agnes Wairimu received funds transfers totaling to Kshs.5,226,735.20 from Public Trustees.
That the investigations by the applicant confirmed that the payments were fraudulent and thus the need to carry out thorough investigations.
The applicant avers that its investigations have established that the accounts by the respondents are holding funds that are proceeds of crime which require to be preserved.
That unless the court grants the orders, the funds may dissipate since there are no High Court orders preserving the same.
The court has considered the application and the facts set out in the supporting affidavit.
I find that the Applicant has established reasonable grounds on the basis of which the court can grant the orders.
The application is allowed in terms of Prayer (2).
..................................
L.M. NJUGUNA
JUDGE
28/7/2025
The application is premised on the grounds set out on the face of the application and it’s supported by the annexed affidavit sworn by Alfred Musalia.
The Applicant avers that on the 20th June 2025, it received information that Timothy Kipchumba Cheboi, a Senior Relationship Manager Public Sector accounting at Family Bank, Rachel Njeri Kamande and Agnes Wairimu were involved in a scheme to defraud the Public Trustee – Administration of Estates. That the scheme involved transfer of funds to the personal accounts of Rachel Njeri & Agnes Wairimu while Timothy Kipchumba facilitated quick processing of the payments and withdrawal of the funds. That the two individuals were listed as beneficiaries of the estates of the late Paul Gathongo and Joseph Mwangi, respectively and between 28th May, 2025 and 11th June, 2025 the accounts of Rachael Njeri and Agnes Wairimu received funds transfers totaling to Kshs.5,226,735.20 from Public Trustees.
That the investigations by the applicant confirmed that the payments were fraudulent and thus the need to carry out thorough investigations.
The applicant avers that its investigations have established that the accounts by the respondents are holding funds that are proceeds of crime which require to be preserved.
That unless the court grants the orders, the funds may dissipate since there are no High Court orders preserving the same.
The court has considered the application and the facts set out in the supporting affidavit.
I find that the Applicant has established reasonable grounds on the basis of which the court can grant the orders.
The application is allowed in terms of Prayer (2).
..................................
L.M. NJUGUNA
JUDGE
28/7/2025