ADVOKS GLOBAL · KENYA
Prevention of Terrorism Act
43. Orders for seizure and restraint of property
Edition: 2025-06-20 · In force
43. Orders for seizure and restraint of property
(1)The High Court may, on an ex parte application supported by an affidavit and where there are reasonable grounds to believe that there is in any building, place or vessel, any property used for or in connection with or received as payment for the commission of an offence under this Act, issue—(a)a warrant authorizing a police officer to search the building, place or vessel and seize the property in respect of which the warrant is issued; or(b)a restraining order prohibiting any person from disposing of, or dealing with any interest in that property, other than as may be specified in the order.(2)The Court may, on an application made under subsection (1) and at the request of the Director of Public Prosecutions, if the circumstances so require—(a)appoint a person to take control of and manage or otherwise deal with the whole or a part of the property, in accordance with the directions of the Court; and(b)require any person having possession of the property to give possession thereof to the person appointed under paragraph (a).(3)The power to manage or otherwise deal with property under subsection (2) includes—(a)in the case of perishable or rapidly depreciating property, the power to sell or otherwise dispose of that property; and(b)in the case of property that has little or no value, the power to destroy that property.(4)A person shall not destroy property under subsection (3)(b) unless he has applied for, and obtained an order from the High Court for the destruction of the property.(5)A Court shall not make an order for destruction under subsection (4) unless—(a)a notice has been issued in such manner as the Court may direct, to any person who, in the opinion of the Court, appears to have an interest in the property; and(b)that person has been given a reasonable opportunity to be heard.(6)An order for the management of property under subsection (2)(a) shall cease to have effect if the property which is the subject of the order is returned to the owner in accordance with the relevant written law or forfeited to the State.(7)The Director of Public Prosecutions may, at any time, apply to the High Court for the cancellation or variation of a warrant or order issued under this section.