AGADVOKS GLOBALKENYA · ENGLISH
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Prevention of Organised Crimes Act

2. Interpretation.

Edition: 2023-12-11 · In force

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2. Interpretation.

In this Act, unless the context otherwise requires—"benefit" means money, valuable consideration, office or employment;"criminal group funds" means—(a)funds which may be applied or used for the commission of, or in furtherance of or in connection with, acts of an organised criminal group;(b)the proceeds of the commission of acts of an organised criminal group or of activities in furtherance of or in connection with such acts; or(c)the resources of an organised criminal group;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to internal security;"monetary instruments" means—(a)coins and paper currency of Kenya, or of a foreign country, designated as legal tender and which is customarily used and accepted as a medium of exchange in the country of issue;(b)travellers’ cheques, personal cheques, bank cheques, money orders, investment securities; or(c)any other negotiable instruments that are in bearer form, or other form through which title passes upon delivery;"organised criminal group" means a structured group of three or more persons, existing for a period of time and acting in concert with the aim of—(a)committing one or more serious crimes; or(b)committing one or more serious crimes in order to obtain, directly or indirectly, a financial or other material benefit, other advantage for the organized criminal group or any of the members of organized criminal group; and includes a group declared an organised criminal group under section 22 of this Act;"property" means all monetary instruments and all other real or personal property of every description, including things in action or other incorporeal or heritable property, whether situated in Kenya or elsewhere, whether tangible or intangible, and includes an interest in any such property and any such legal document or instruments evidencing title to or interest in such property;"public officer" means a public officer as defined in the Public Officer Ethics Act (Cap. 185B);"records" includes—(a)a photographic record; and(b)an electronic or magnetic record, and any computer, disk, tape, apparatus or thing in or on which the record is stored;"serious crime" means conduct constituting an offence against a provision of any law in Kenya punishable by a term of imprisonment of at least six months, or an offence against a provision of any law in a foreign state for conduct which, if it occurred in Kenya, would constitute an offence against a provision of any law in Kenya; and"structured group" means a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.
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Source: Kenya Law