ADVOKS GLOBAL · KENYA
Anti-Corruption and Economic Crimes Act
31. Surrender of travel documents
Edition: 2025-08-19 · In force
31. Surrender of travel documents
(1)On the ex parte application of the Commission, a court may issue an order requiring a person to surrender his travel documents to the Commission if—(a)the person is reasonably suspected of corruption or economic crime; and(b)the corruption or economic crime concerned is being investigated.(2)If a person surrenders his travel documents pursuant to an order under subsection (1), the Commission—(a)shall return the documents after the investigation of the corruption or economic crime concerned is completed, if no criminal proceedings are to be instituted; and(b)may return the documents, at its discretion, either with or without conditions to ensure the appearance of the person.(3)A person against whom an order under subsection (1) is made may apply to the court to discharge or vary the order or to order the return of his travel documents and the court may, after hearing the parties, discharge or vary the order, order the return of the travel documents, or dismiss the application.(4)If a person fails to surrender his travel documents pursuant to an order under subsection (1), the person may be arrested and brought before the court and the court shall, unless the court is satisfied that the person does not have any travel documents, order that the person be detained pending the conclusion of the investigation of the corruption or economic crime concerned.(5)A person who is detained pursuant to an order under subsection (4) shall be released if—(a)he surrenders his travel documents to the Commission;(b)he satisfies the court that he does not have any travel documents; or(c)the investigation of the corruption or economic crime concerned is completed and the court is satisfied that no criminal proceedings are to be instituted.(6)A person who is detained pursuant to an order under subsection (4) shall be brought before the court at least every eight days or at such shorter intervals as the court may order, to determine if the person should be released under subsection (5).