ADVOKS GLOBAL · KENYA
Anti-Corruption and Economic Crimes Act
28. Production of records and property
Edition: 2025-08-19 · In force
28. Production of records and property
(1)The Commission may apply, with notice to affected parties, to the court for an order to—(a)require a person, whether or not suspected of corruption or economic crime, to produce specified records in his possession that may be required for an investigation; and(b)require that person or any other to provide explanations or information within his knowledge with respect to such records, whether the records were produced by the person or not.(2)A requirement under subsection (1)(b) may include a requirement to attend personally to provide explanations and information.(3)A requirement under subsection (1) may require a person to produce records or provide explanations and information on an ongoing basis over a period of time, not exceeding six months.(4)The six month limitation in subsection (3) does not prevent the Commission from making further requirements for further periods of time as long as the period of time in respect of which each requirement is made does not exceed six months.(5)Without affecting the operation of section 30, the Commission may make copies of or take extracts from any record produced pursuant to a requirement under this section.(6)A requirement under this section to produce a record stored in electronic form is a requirement—(a)to reduce the record to hard copy and produce it; and(b)if specifically required, to produce a copy of the record in electronic form.(7)In this section, "records" includes books, returns, bank accounts or other accounts, reports, legal or business documents and correspondence other than correspondence of a strictly personal nature.(8)The Commission may by notice in writing require a person to produce for inspection, within a reasonable time specified in the notice, any property in the person’s possession, being property of a person reasonably suspected of corruption or economic crime.(9)A person who neglects or fails to comply with a requirement under this section is guilty of an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.(10)No requirement under this section requires anything to be disclosed that is protected by the privilege of advocates including anything protected by section 134 or 137 of the Evidence Act (Cap. 80).