ADVOKS GLOBAL · KENYA
Anti-Corruption and Economic Crimes Act
56. Order preserving suspect property, etc.
Edition: 2025-08-19 · In force
56. Order preserving suspect property, etc.
(1)On an ex parte application by the Commission, the High Court may make an order prohibiting the transfer or disposal of or other dealing with property if it is satisfied that there are reasonable grounds to suspect that the property was acquired as a result of corrupt conduct.(2)An order under this section may be made against a person who was involved in the corrupt conduct or against a person who subsequently acquired the property.(3)An order under this section shall have effect for six months and may be extended by the court on the application of the Commission.(4)A person served with an order under this section may, within fifteen days after being served, apply to the court to discharge or vary the order and the court may, after hearing the parties, discharge or vary the order or dismiss the application.(5)The court may discharge or vary an order under subsection (4) only if the court is satisfied, on the balance of probabilities, that the property in respect of which the order is discharged or varied was not acquired as a result of corrupt conduct.(6)A person who is served with an order under this section and who contravenes it is guilty of an offence and is liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding ten years, or to both.(7)In this section, "corrupt conduct" means—(a)conduct that constitutes corruption or economic crime; or(b)conduct that took place before this Act came into operation and which—(i)at the time, constituted an offence; and(ii)if it had taken place after this Act came into operation, would have constituted corruption or economic crime.