ADVOKS GLOBAL · KENYA
Prevention of Organised Crimes Act
17. Seizure and detention of organized criminal group cash.
Edition: 2023-12-11 · In force
17. Seizure and detention of organized criminal group cash.
(1)An authorised officer who has reasonable grounds to suspect that any cash which is being imported into or exported from Kenya, or is being brought to any place in Kenya for the purpose of being exported from Kenya, is the property of an organised criminal group, may seize the cash.(2)An authorised officer may seize cash under this section even if he reasonably suspects part only of the cash to be the property of an organised criminal group, where it is not reasonably practicable to seize that part only of the cash.(3)An authorised officer may exercise his powers under subsection (1), whether or not any proceedings have been brought for an offence in connection with the cash concerned.(4)The authorized officer shall, as soon as is reasonably practicable and in any event not later than seven days after the seizure of cash under this section, make an application to the High Court for a detention order with respect to that cash.(5)The court shall not make an order for detention of the cash unless it is satisfied that there are reasonable grounds for suspecting that the cash is the property of an organised criminal group.(6)Subject to subsection (8), any order made under this section shall remain valid for a period of sixty days, and, unless the cash is sooner produced before the court in proceedings against any person for an offence with which the cash is connected, may be renewed for further periods of not more than thirty days at a time, by the High Court, on further application.(7)Any cash detained under this section shall be deposited by the authorised officer in an interest-bearing account with a reputable bank.(8)The cash, with the interest, shall be released by order of the High Court to a person appearing to the court to be lawfully entitled to it—(a)where the conditions under subsection (5) are no longer met; or(b)if no proceedings have been brought in connection with the cash within six months of the seizure of the cash.(9)In this section—"authorized officer" means—(a)the Commissioner responsible for customs and excise holding office under the Kenya Revenue Authority Act (Cap. 469);(b)the Inspector-General of the National Police Service;(c)the Attorney-General; or(d)any other person upon whom written law vests functions of maintenance of law and order."cash" has the meaning assigned to it under the Banking Act (Cap. 488).