AGADVOKS GLOBALKENYA · ENGLISH
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Affordable Housing Act

56. Misappropriation of funds of the Fund

Edition: 2026-07-01 · In force

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56. Misappropriation of funds of the Fund

(1)A person commits an offence if the person misappropriated any funds or assets of the Fund, or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act.
(2)A person who contravenes the provisions of subsection (1) shall be liable, on conviction—
(a)to a fine not exceeding twenty million shillings or imprisonment of a term not exceeding ten years, or both; and
(b)an additional mandatory fine if, as a result of the conduct that constituted the offence, the person received a quantifiable benefit or any other person suffered a quantifiable loss.
(3)The mandatory fine referred to in subsection (2)(b) shall be determined as follows—
(a)the mandatory fine shall be equal to two times the amount of the benefit or loss described in subsection (2)(b);
(b)if the conduct that constituted the offence resulted in both a benefit and loss described in subsection (2)(b), the mandatory fine shall be equal to two times the sum of the amount of the benefit and the amount of the loss.
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Source: Kenya Law