ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
12. Conveyance of monetary instruments to or from Kenya
Edition: 2025-11-04 · In force
12. Conveyance of monetary instruments to or from Kenya
(1)A person intending to convey monetary instruments in excess of the amount prescribed in the Second Schedule to or from Kenya whether as a traveller or through mail or cargoshall, before so doing, report the particulars concerning that conveyance to a person authorised by the regulations for that purpose.(2)A person authorised to receive a report made in subsection (1) shall, without delay, send a copy of the report to the Centre.(3)A person who wilfully fails to report the conveyance of monetary instruments into or out of Kenya, or materially misrepresents the amount of monetary instruments reported in accordance with the requirements of subsection (1) commits an offence.(4)Any monetary instrument used in a suspected violation of subsection (3), or which an authorised officer has reasonable grounds to suspect is tainted property, may be temporarily seized by an authorised officer for as long as is necessary to obtain a court order under section 68 or 82, but not later than five days.(5)An authorised officer making a temporary seizure under subsection (4) shall give the person from whom the monetary instruments are seized—(a)a receipt specifying—(i)the name, agency, rank of the seizing officer;(ii)contact information for that officer and agency;(iii)time, date and location of seizure;(iv)description (including serial numbers) of the value of and types of instruments seized; and(b)a formal notice of the authorised officer’s intent to initiate forfeiture proceedings under this Act against the seized monetary instruments.(5A)An authorised officer shall, upon discovery of a false declaration or disclosure of monetary instruments or a failure to declare or disclose them, enquire from the person in whose possession the monetary instruments are found the origin thereof and their intended use, and shall record the same in writing signed by the person in possession of the monetary instruments and countersigned by himself.(5B)The authorized officer shall indicate in the prescribed form—(a)the amount comprised in the monetary instruments declared or disclosed, and(b)the identity of the bearer of the monetary instruments,and such information shall be retained for not less than seven years.(5C)The information provided under subsection (5B) shall be used by the appropriate authorities when—(a)the subsequent declaration by the same person exceeds the prescribed threshold specified in the Fourth Schedule; or(b)there is false declaration; or(c)there is suspicion of the commission of any other offence.(6)An authorised officer, other than Agency Director-General, shall immediately but not later than five days surrender monetary instruments seized under subsection (4) to the Agency Director-General in such manner as the Agency Director-General may direct.(7)If an authorised officer fails to obtain an order under section 68 or 82 against the temporarily seized monetary instruments within five days from the date of seizure pursuant to subsection (4), then, unless that period is otherwise extended by the Court, the monetary instruments shall be returned forthwith to the person from whom it was taken.