ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
107. Search warrant for location of documents relevant to locating property
Edition: 2025-11-04 · In force
107. Search warrant for location of documents relevant to locating property
(1)Where—(a)a person has been charged or convicted of an offence; or(b)a police officer, Agency Director-General or an investigator of the Agency has reasonable grounds for suspecting that there is or may be, within the next seventy-two hours, upon any land or in any premises, a document of the type described in section 103(1) in relation to the offence,(c)the police officer, Agency Director-General or an investigator of the Agency may make an application supported by an affidavit to a court of competent jurisdiction for a search warrant in respect of that land or those premises.(2)Where an application is made under subsection (1) for a warrant to search land or premises, the court may, subject to subsection (4) issue a warrant authorizing a police officer, Agency Director-General or an investigator of the Agency whether or not named in the warrant, with such assistance and by such force as is necessary and reasonable—(a)to enter upon the land or into any premises and to search the land or premises for property of that kind; and(b)to seize property found in the course of the search that the police officer believes on reasonable grounds to be property of that kind.(3)A court shall not issue a warrant under subsection (2) unless it is satisfied that—(a)a production order has been given in respect of the document and has not been complied with; or(b)a production order in respect of the document would be unlikely to be effective; or(c)the investigation for the purposes of which the search warrant is being sought might be seriously prejudiced if the police officer, Agency Director-General or an investigator of the Agency does not gain immediate access to the document without any notice to any person; or(d)the document involved cannot be identified or described with sufficient particularity to enable a production order to be obtained.(4)A warrant issued under this section shall state—(a)the purpose for which it is issued, including a reference to the nature of the relevant offence;(b)a description of the kind of documents authorised to be seized;(c)a time at which the warrant ceases to be in force; and(d)whether entry is authorised to be made at any time of the day or night or during specified hours.(5)If during the course of searching under a warrant issued under this section, a police officer, Agency Director-General or an investigator of the Agency finds—(a)a document of the type described in section 103(1) that the police officer, Agency Director-General or an investigator of the Agency believes on reasonable grounds to relate to the relevant offence, or to another offence; or(b)anything the police officer, Agency Director-General or an investigator of the Agency believes on reasonable grounds will afford evidence as to the commission of an offence,the police officer, Agency Director-General or an investigator of the Agency may seize that property or thing and the warrant shall be deemed to authorise such seizure.