ADVOKS GLOBAL · KENYA
Leadership and Integrity Act
49. Forfeiture and compensation
Edition: 2025-08-19 · In force
49. Forfeiture and compensation
(1)Where a State officer is proven to have obtained any property in breach of this Act, the State officer shall, subject to any appeal which the officer may make, forfeit the property and the property shall be held by the Commission or by an agent appointed by the Commission in trust for the Republic, until it is lawfully disposed of.(2)The Commission may order a State officer referred to in subsection (1) to pay by way of compensation to the State such sum, including interest, as may be determined by the Commission as just, having regard to the loss suffered by the Government or public entity and such order shall be deemed to be a decree under section 25 of the Civil Procedure Act (Cap. 21) and shall be executed in the manner prescribed under Part III of that Act.(3)For the purposes of subsection (2), the rate of interest on any property or money irregularly obtained shall not be less than the prevailing lending rates and shall be payable with effect from the day such property or money was obtained.(4)The money or proceeds of the sale of property which is forfeited to the Government under this section shall be paid into the Consolidated Fund.