ADVOKS GLOBAL · KENYA
Prevention of Organised Crimes Act
16. Restraint orders.
Edition: 2023-12-11 · In force
16. Restraint orders.
(1)The Attorney-General may make an ex parte application to the High Court for a provisional order temporarily suspending dealings relating to all moneys and other property due, owing or belonging to, or held on behalf of—(a)a person charged or about to be charged with an offence under this Act; or(b)any other specified person.(2)The Attorney-General may make an ex parte application to the High Court for a provisional order temporarily suspending dealings relating to all moneys and other property due, owing or belonging to, or held on behalf of—(a)an organised criminal group;(b)a specified person reasonably suspected of being a member of such organised criminal group; or(c)any other specified person.(3)An order made under this section may—(a)prohibit any person from making money or other property available to or for the benefit of the organised criminal group or suspect;(b)provide for the granting of authority to make money or other property available to such persons and on such conditions as may be specified in the order;(c)require a person to provide such information or produce such documents or records as may be reasonably required for the investigation of an offence under this Act; or(d)include such other condition as the court may impose.(4)The Attorney-General shall—(a)cause a notice of an order made under this section to be published in the next issue of the Gazette and in two daily newspapers with a national circulation;(b)give notice of the order to—(i)banks, financial institution and cash dealers;(ii)any other interested or affected parties; and(iii)any other person who he knows or suspects may hold or be vested with property belonging to or held on behalf of the organised criminal group or suspect.(5)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.