1) The document is a notice of motion filed in the High Court of Kenya by Chase Bank (in receivership) against 20 defendants seeking various orders, including freezing injunctions and disclosure of assets. 2) Chase Bank alleges that the defendants jointly and severally misappropriated over KES 2 billion of its funds through fraudulent withdrawals and use of funds for personal expenses and properties held in shell companies. 3) The notice of motion seeks to freeze the defendants' assets pending the outcome of the suit, compel disclosure of their financial records and transactions, and lift the veil on companies suspected to be shell companies.

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REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION
HCCC NO. OF 2017
MULTI -TRACK
CHASE BANK LIMITED (IN RECEIVERSHIP)………………….PLAINTIFF/ APPLICANT
-VERSUS-
ZAFRULLAH KHAN……………..….…………………...……1ST
DEFENDANT/RESPONDENT
DUNCAN KABUI…………………………..………………….2ND
DEFENDANT/RESPONDENT
MAKARIOS AGUMBI……………………...….………..….…3RD
DEFENDANT/RESPONDENT
JAMES MWAURA………………………….4TH
DEFENDANT DEFENDANT/RESPONDENT
RIVERSIDE MEWS
INVESTMENTS LIMITED…..………….5TH
DEFENDANT DEFENDANT/RESPONDENT
RINASCIMENTO GLOBAL LIMITED…….….6TH
DEFENDANT DEFENDANT/RESPONDENT
GENGHIS CAPITAL LIMITED.......................7TH
DEFENDANT DEFENDANT/RESPONDENT
KEN OBIMBO……………………………….8TH
DEFENDANT DEFENDANT/RESPONDENT
DANIEL MAVINDU............................9TH
DEFENDANT DEFENDANT/RESPONDENT
ALI CHEEMA……………….………………10TH
DEFENDANT DEFENDANT/RESPONDENT
RINASCIMENTO PROPERTIES
LIMITED………….………………………………………………11TH
DEFENDANT/RESPONDENT
NINE FIFTY LIMITED…………………12TH
DEFENDANT DEFENDANT/RESPONDENT
RIVERSIDE MEWS LIMITED…………13TH
DEFENDANT DEFENDANT/RESPONDENT
MATHATANI LIMITED………………14TH
DEFENDANT DEFENDANT/RESPONDENT
THE LIGHTHOUSE PROPERTY
COMPANY LIMITED…………..……….15TH
DEFENDANT DEFENDANT/RESPONDENT
BOULEVARD PROPERTIES LIMITED………16TH
DEFENDANT DEFENDANT/RESPONDENT
FRIENDS PROPERTY HOLDINGS
LIMITED…….……………….....…………17TH
DEFENDANT DEFENDANT/RESPONDENT
SEVEN FORTY INVESTMENTS
LIMITED…………………….…….…………18TH
DEFENDANT DEFENDANT/RESPONDENT
ANTHONY F GROSS…………………..19TH
DEFENDANT DEFENDANT/RESPONDENT

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RUTH MUTHONI……………………….20TH
DEFENDANT DEFENDANT/RESPONDENT
NOTICE OF MOTION
(Under Section 1A and 1B, 3 & 3A and 63 of the Civil Procedure Act,
Order 40 Rules (1), (2) and (4) of the Civil Procedure Rules,
the Banking Act Cap 488, and Sections 50 of the Kenya Deposit Insurance Act, Cap 487C
of the Laws of Kenya and all other enabling provisions of the Law)
TAKE NOTICE that this Honourable Court shall be moved on the ………….. day of
………………… 2017 at 9.00 O’clock in the forenoon, or so soon thereafter, for the hearing of
an Application by Counsel for the Plaintiff /Applicant, for ORDERS:
1. THAT this application be certified as urgent,
2. THAT owing to the urgency of the matter this Honourable Court be pleased to grant
an early inter partes hearing date.
3. THAT pending service and the hearing inter partes of this application, a freezing
injunction be issued to restrain the Defendants whether by themselves, their
servants, and/or employees from removing from this jurisdiction, disposing of,
mortgaging (and/or further mortgaging), charging (and/or further charging),
assigning, diminishing, transferring, disposing, alienating, operating pledging
and/or otherwise interfering, intermedding and/or dealing in any manner
howsoever with their assets, investments and businesses including but not limited
to the following known assets of the 1st
, 2nd
8th
, 9th
, 10th
, 19th
and 20th
Defendants
Company Shareholders
Mathatani Limited
(the 14th
Defendant)
Zafrullah Khan 90% (1st
Defendant)
Duncan Kabui 10% 2nd
Defendant)
Riverside Mews Limited
(the 13th
Defendant)
Riverside Mews Investments Limited 99% (5th
Defendant)
Zafrullah Khan 1% (1st
Defendant)
Nine Fifty Limited
(the 12th
Defendnat)
Riverside Mews Investments Limited 90% (5th
Defendant)
Duncan Kabui 10% (2nd
Defendant)

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The Lighthouse Property Company
Limited
(the 15th
Defendant)
Rinascimento Global Limited 99% (6th
Defendant)
Ken Obimbo 1% (8th
Defendant)
Rinascimento Properties
Limited
(the 11th
Defendant)
Riverside Mews Investments Limited 90% (5th
Defendant)
Duncan Kabui 10% (2nd
Defendant)
Riverside Mews Investments
Limited (formerly Camelia
Investment Limited)
(the 5th
Defendant)
Zafrullah Khan 99% (1st
Defendant)
Duncan Kabui 1% (2nd
Defendant)
Friends Property Company
Limited
(the 17th
Defendant)
The Lighthouse Property Company Limited 99%
(15th
Defendant)
Ali Cheema 1% (10th
Defendant)
Boulevard Properties
Limited
Genghis Capital Limited 99% (7th
Defendant)
Ali Cheema 1% (10th
Defendant)
Rinascimento Global Limited
(Mauritius) (the
6th
Defendant)
Zafrullah Khan 31.1% (1st
Defendant)
Ken Obimbo 13.3% (8th
Defendant)
Daniel Mavindu 0.7 (9th
Defendant)
Ali Cheema 18.9% (10th
Defendant)
Duncan Kabui 24.6% (2nd
Defendant)
Zafrullah Khan (1st
Defendant) & Duncan Kabui
(2nd
Defendant) 11.4%
4. THAT pending service and the hearing inter partes of this application, a freezing
injunction be issued to restrain the Defendants whether by themselves, their
servants, and/or employees from removing from this jurisdiction, disposing of,
mortgaging (and/or further mortgaging), charging (and/or further charging),
assigning, diminishing, transferring, disposing, alienating, operating pledging
and/or otherwise interfering, intermedding and/or dealing in any manner
howsoever with:-
Registered Owner Property (L.R No)
Riverside Mews Ltd 4275/13- Riverside office block

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(the 5th
Defendant) 205/52- One Riverside Apartment 6A
English Point Marina Apartment D01
1946 / 796& 792- Voi plots
Ukunda Mosque plot
Nine Fifty Ltd
(the 12th
Defendant)
Kwale/Diani Complex/718, 719 & 720
Rinascimento Ltd (now
known as the 11th
Defendant)
Nyandarua agricultural plots
Boulevard Properties
(the 16th
Defendant)
⦁ Kwale/Galu Kinondu/661 – Villa No. 5 Lantana
⦁ Kiambu/Mun. Block III 28 & III 29 (Runda Properties)
Kwale/Shimoni/299
PEP Ltd ⦁ LR 21834 in Karen- The Watermark
Friends Property Holdings
(the 17th
Defendant)
⦁ Noonkopir/223
Seven Forty Investments
(the 18th
Defendant)
⦁ LR 21103/1 Edenville (11 Houses)
5. THAT pending the hearing and determination of this suit this Honourable Court be
pleased to grant an order to audit, track, trace and freeze of all shares and assets
transferred by the Defendants and connected with the Plaintiff after 7th
April 2016.
6. THAT pending the hearing inter partes of this application, the Defendants be
compelled by this Honourable Court to furnish the Applicant’s lawyers within 14
days, a complete set and/or list of:-
i) All their Bank Account Statements for the period 2010 to 2015;
ii) All of their assets and businesses both within and outside the country;
iii) All the assets and properties that they have obtained using funds from the
Plaintiff; and
iv) All the assets and businesses.

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which information should include the value and location of such assets and
business whether or not such assets and/or businesses are in their own names or
are solely or jointly owned.
7. THAT due to the urgency of the matter the Applicant be permitted at the first
instance to serve the ex-parte order issued by this Honourable Court on the
Defendants by way of an advertisement in one of the local daily newspapers.
8. THAT the orders of injunction sought in prayer 3 and 4 be granted pending the
hearing and determination of the suit herein.
9. THAT pending the hearing and determination of this application this Honourable
Court be pleased to grant the Plaintiff/ Applicant an order to advertise, and request
individuals with information as to the whereabouts of the Defendants/
Respondents, properties to provide the said information for purposes of tracing
and recovery of the said assets.
10. THAT pending the hearing and determination of this suit this Honourable Court be
pleased to grant an order for the lifting of the veil in the 6th
to 9th
Defendant
Respondents.
11. THAT the Plaintiffs /Applicants be at liberty to apply for such further or other
orders and/or directions as the Honourable Court may deem fit to grant in the
circumstances.
12. THAT the costs of this application be provided for.
WHICH APPLICATION is based on the following GROUNDS THAT:
1. In exercise of its mandate the provisions of Sections 43(1), 43(2) and 53(1) of the
Kenya Deposit Insurance Act, 2012, the Central Bank of Kenya (CBK) on Thursday
April 7, 2016, appointed the Kenya Deposit Insurance Corporation (KDIC) as a
receiver for Plaintiff Bank for a period of twelve months.
2. Pursuant to its appointment as a receiver KDIC assumed control of the Plaintiff
with the approval of CBK as provided under Section 44 of KDI Act and appointed
KCB Bank Kenya Limited as manager pursuant to the provisions of Section 44 (b)
(iii) of the Kenya Deposit Insurance Act Cap 487C of the Laws of Kenya.

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3. The Receiver having taken over the management of the Plaintiff Bank, has
conducted investigations over the management, transactions, and annual financial
statements of the Plaintiff Bank as at 31st
December 2015.
4. The investigations has revealed massive theft and fraud of the Plaintiff
/Applicant’s funds, pursuant to which it has filed the suit herein against the
Defendants/ Respondents for;
a) Jointly and severally fraudulently authorizing, the withdrawal, disbursement
and utilization of the Plaintiff’s funds for the purchase of properties.
b) Jointly and severally fraudulently authorizing and approving the registration of
third party companies under the guise of the same being SPV’s, namely 11th
,
12, 13th
14th
and 15th
Defendants allocating to themselves majority
shareholding in the said companies for the sole purpose of utilizing these
companies to hold property purchased using funds misappropriated from the
Plaintiff’s funds and or deposits, with the sole intention to defraud the
Plaintiff.
c) Jointly and severally misappropriating the Plaintiff’s funds and or deposits, for
the purchase of properties, and thereafter with the intention to defraud the
Plaintiff, causing the said properties to be registered in the names of third
party companies, being purported SPV’s which companies are wholly, or
substantially owned by the 1st
, 2nd
4th
, 6th
, 7th
, 8th
, 9th
, 10, Defendants for their
sole benefit, to the exclusion of the Plaintiff.
d) Jointly and severally fraudulently authorizing, the withdrawal, disbursement
and utilization of the Plaintiff’s funds for the purchase of properties.
e) Jointly and severally fraudulently authorizing and approving the registration of
third party companies under the guise of the same being SPV’s, allocating to
themselves majority shareholding in the said companies for the sole purpose
of utilizing these companies to hold property purchased using funds
misappropriated from the Plaintiff’s funds and or deposits, with the sole
intention to defraud the Plaintiff.
f) Jointly and severally misappropriating the Plaintiff’s funds and or deposits, for
the purchase of properties, and thereafter with the intention to defraud the
Plaintiff, causing the said properties to be registered in the names of third

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party companies, being purported SPV’s which companies are wholly, or
substantially owned by the 1st
and 2nd
Defendants for their sole benefit, to the
exclusion of the Plaintiff.
g) Jointly and severally colluding not to report to the board, the fraudulent
withdrawal, disbursement and utilization of the Plaintiff’s funds, despite some
amounts involved being in excess of KES100 Million which requires approval
of the Board Credit Committee in accordance with the relevant Bank Credit
Policy.
h) Jointly and severally fraudulently authorizing, the withdrawal, disbursement
and utilization of the Plaintiff’s funds, from its CBK Settlement account for the
1st
Defendant’s personal expenses totaling to KES 2,205,642,136 which was
fraudulently utilized as follows;-
i) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to KES
48,401,604.30 paid out to for the proposed Iman Bank of Somalia, for
the benefit of the 1st
Defendant.
ii) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to KES
100,000,000 to Rivieres Finance Ltd (“Rivieres”), a company with the 1st
Defendant as the majority shareholder.
iii) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to KES
161,421,825 to Genghis Capital, transferred from the CBK Settlement
account
iv) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to KES
252,784,444 transferred to Orchid Capital and or Ava Trade Ltd from
the CBK Settlement account, for the benefit of the 1st
and 2nd

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Defendants.
v) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to KES
54,000,000 transferred to Sema Mobile Services Ltd from the CBK
Settlement account, for the benefit of the 1st
and 2nd
Defendants.
vi) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to KES
29,123,765 transferred to Chiggle Mobile Services Ltd, for the benefit of
the 1st
and 2nd
Defendants.
vii) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to KES
507,910,500 being 1st
Defendant’s other personal withdrawals and
expenses.
viii) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to KES
225,399,000 paid to AMB Real Estate Ltd (“AMB”), from the CBK
Settlement account for the benefit of the 1st
Defendants.
ix) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to USD
617,551.33 paid AMB Real Estate Ltd (“AMB”), from the CBK
Settlement account for the benefit of the 1st
Defendants.
x) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to USD
455,000 for the purchase of a ‘Ferrari Dino’ registered in the name of

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Ms. Shehla Khan, the 1st
Defendant’s wife.
xi) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds transferred to
Shehla Khan amounting to USD 35 000 for “upkeep” as well as other
transfers to her bank account.
xii) Jointly and severally fraudulently authorizing, the withdrawal,
disbursement and utilization of the Plaintiff’s funds amounting to USD
127,551.33 paid to Blasius Chevrolet Cadillac Inc for the purchase of a
Limited Edition Corvette registered in the name of Ms. Shehla Khan, the
1st
Defendant’s wife.
xiii) Jointly and severally of the 1st
, 2nd
& 4th
Defendants fraudulently paid out
USD 756,990 consultancy fees from the Plaintiff and received by the 1st
Defendant as the same was paid fraudulently and without the Plaintiff’s
Board approval.
xiv) Jointly and severally on 14th
May 2015, authorizing a performance
based bonus payment of KES 1,052,000,000 to the 1st
Defendant,
payable over a five-year period in equal installments. Despite the
resolution that the same be paid over a period of five years, the
payments were made over a period of one and a half (11
/2) months.
xv) Jointly and severally the 1st
, 2nd
, 3rd
and 4th
Defendants utilizing the
Development Bank of Kenya Limited account as a special vehicle to
fraudulently syphon funds from the Bank.
xvi) Fraudulently using the Plaintiffs CBK Settlement Account in place of
customers account to divert funds from the Plaintiff.
xvii) The 1st
and 2nd
Defendants being shareholders of the 13th
Defendant

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fraudulently syphoned Kshs.942,978,393 from the Plaintiff.
xviii) The 1st
and 2nd
Defendants being shareholders of the 5th
Defendant
fraudulently syphoned USD 4,720,000 from the Plaintiff.
xix) The 1st
, 2nd
, 3rd
and 4th
Defendants fraudulently authorized and approved
irregular and undisclosed loans disbursed from the Plaintiff.
5. The Plaintiff /Applicant is apprehensive that at the filling of this suit, the
Defendants/ Respondents will remove from the jurisdiction of the Court, by
mortgaging, (and or further mortgaging ) charging (and or further charging),
assigning, diminishing, transferring, disposing, alienating, operating, pledging and
or otherwise interfere and/or deal their property, to defeat the orders of this
Honourable Court.
6. The Defendants/ Respondents are liable for all loss and damage caused by their
acts and omissions leading to the theft of the Plaintiff/ Applicants funds, this
Honourable Court has jurisdiction to entertain this action and the attached
application for conservatory orders against the Defendants/Respondents.
7. It is therefore for the ends of justice that the orders sought herein be granted as
prayed.
WHICH APPLICATION is further supported by the annexed supporting affidavit of
WALTER ONYINO AND MOSES MACUA KIARIE and such further or other grounds as
shall be adduced at the hearing hereof.
DATED at Nairobi this day of 2017
AMOLO AND GACOKA
ADVOCATES FOR THE PLAINTIFF
DRAWN & FILED BY;
AMOLO &GACOKA ADVOCATES

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41 GREVILLEA GROVE, KYUNA Email: info@ang.co.ke
P.O. BOX 53319-00200 Cell Phone: 0735 356637 / 0710
144184
NAIROBI - (Ref: A&G/TC/9590)
TO BE SERVED ON:
1. ZAFRULLAH KHAN
2. DUNCAN KABUI
3. MAKARIOS AGUMBI
4. JAMES MWAURA
5. RIVERSIDE MEWS INVESTMENTS LIMITED
6. RINASCIMENTO GLOBAL LIMITED
7. GENGHIS CAPITAL LIMITED
8. KEN OBIMBO
9. DANIEL MAVINDU
10. ALI CHEEMA
11. RINASCIMENTO PROPERTIES LIMITED
12. NINE FIFTY LIMITED
13. RIVERSIDE MEWS LIMITED
14. MATHATANI LIMITED
15. THE LIGHTHOUSE PROPERTY COMPANY LIMITED
16. BOULEVARD PROPERTIES LIMITED
17. FRIENDS PROPERTY HOLDINGS LIMITED
18. SEVEN FORTY INVESTMENTS LIMITED
19. ANTHONY F. GROSS
20. RUTH MUTHONI
NOTE: If any party served does not appear at the time and place above-mentioned
such order will be made and such proceedings taken as the court may deem
just and expedient.