ADVOKS GLOBAL · KENYA
Prevention of Organised Crimes Act
15. Property tracing.
Edition: 2023-12-11 · In force
15. Property tracing.
(1)Where the Attorney-General has reasonable grounds to suspect that a person, a member of an organised criminal group or an organised criminal group has committed, is committing or is about to commit a crime or is in possession of property that belongs to an organised criminal group, he may, for the purposes of the investigation of an offence under this Act, apply to the High Court for an order—(a)compelling the person to deliver up any document or record relevant to identifying, locating or quantifying any property belonging to him or to the organised criminal group, or in his possession or control;(b)requiring a bank or any other financial institution, trustee, cash dealer or custodian to produce all information and deliver up all documents and records regarding any business transaction conducted by or on behalf of the person concerned.(2)Where any person fails to comply with, is delaying or is otherwise obstructing an order made under this section, the High Court may, upon information sworn to that effect by the Attorney-General, authorise the Attorney-General or any officer deputed by him to enter any premises, including a bank or other financial institution, and search the premises and remove any documents or records for the purposes of executing the order.(3)An order under this section shall lapse upon the expiry of thirty days from the date of the order unless the High Court, after hearing the parties, otherwise directs.