ADVOKS GLOBAL · KENYA
Prevention of Organised Crimes Act
18. Forfeiture of property of organised criminal group.
Edition: 2023-12-11 · In force
18. Forfeiture of property of organised criminal group.
(1)The court by or before which a person is convicted of—(a)an offence under this Act; or(b)an offence under any other Act that constitutes an act of an organised criminal group within the meaning of this Act, may make a forfeiture order in accordance with the provisions of this section.(2)Where a person is convicted of an offence under this Act the court may order the forfeiture of any money or other property—(a)which, at the time of the offence, he had in his possession or under his control; or(b)which, at that time, he intended should be used for the purposes of the activities of the organised criminal group; or(c)which, at that time, he knew would or might be used for the purposes of the activities of the organised criminal group; or(d)to which the arrangement in question relates; or(e)which, at the time of the offence, he knew was the property of an organised criminal group or would or might be used for the purposes of the activities of the organised criminal group.(3)Where a person is convicted of an offence under this Act, the court may order the forfeiture of any money or other property which wholly or partly and whether directly or indirectly is received by any person as a payment or other reward in connection with the commission of the offence.(4)Before making an order under this section, a court shall afford any person—(a)who is not a party to the proceedings; and(b)who claims to be the owner of or otherwise interested in any of the property which may be forfeited under this section, an opportunity to be heard.