Mutual Legal Assistance Act

26. Return and disposal of assets

Edition: 2023-09-15 · In force

26. Return and disposal of assets

(1)Subject to the rights of third parties and in accordance with this Act or any other written law or any other arrangements to which Kenya is bound, property confiscated under the provisions of this Act shall be disposed of, including return to a requesting state, upon request.

(2)Before the return of the property confiscated to a requesting state under subsection (1) and as a basis of return, Kenya shall—

(a)reasonably establish prior ownership of such property by a requesting state; or

(b)consider damage likely to be caused to a requesting state if the property is not returned; or

(c)consider the need for compensation to the victims of the crime in a requesting state.

(3)Where appropriate, unless parties decide otherwise, Kenya may deduct reasonable expenses incurred in investigations, prosecutions or judicial proceedings leading to the return or disposition of confiscated property under this section.

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Source: Kenya Law