ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
120. Requests to Kenya for the enforcement of certain orders
Edition: 2025-11-04 · In force
120. Requests to Kenya for the enforcement of certain orders
(1)Where—(a)a court or tribunal of another country issues a restraint order or confiscation order, (whether based upon criminal or in rem or other non-conviction based proceedings), in respect of an offence against the corresponding law of that country; and(b)that country requests assistance from Kenya in enforcing those orders against property believed to be located in Kenya,the Attorney-General may apply to the High Court for the registration of the order.(2)Where the Attorney-General applies to the High Court for the registration of an order pursuant to subsection (1) the High Court shall register the order.(3)An order registered in accordance with this section shall have effect and shall be enforced, as if it were an order made under this Act or forfeiture orders, as the case may be where the High Court is satisfied that—(a)the order is final, not subject to appeal, and a certified copy of such order bearing the seal or the signature of the court has been submitted;(b)the person against whom, or in relation to whose property the order has been made, received notice of the proceedings outside of Kenya and had an opportunity to defend his interest in the property; and(c)enforcement of the order would not be contrary to the interests of justice.(4)To preserve the availability of property in Kenya that is subject to confiscation proceedings that have been or are likely to be instituted in another country, the Attorney-General may apply to the court to issue an order of restraint of the said property.(5)In issuing the order of restraint the court may rely on information set forth in the request from the other country describing the nature of the pending investigations or proceedings and setting forth a reasonable basis to believe that the said property will be named in a confiscation order at the conclusion of the proceedings.(6)A copy of the application to register and enforce orders from another country shall be provided to any person who appears to own or control or otherwise have a legal interest in the property in the manner prescribed in section 79.(7)A person entitled to notice pursuant to subsection (6) shall have thirty days from the date of such receipt of notice or publication, whichever is later, to file an objection contesting the enforcement of the order from another country.(8)Unless a person contesting enforcement of an order from another country is able to establish one of the conditions of section 93(1) the court may enter such orders as may be necessary to give effect to the orders of a court or tribunal of the other country and the court shall be bound by the findings of fact to the extent that they are stated in the foreign order.(9)Where an amount of money is to be paid under an order from another country is expressed in a currency other than that of Kenya, the amount shall be converted into the currency of Kenya on the basis of the official exchange rate prevailing as of the date of the registration of the order.(10)Where the Attorney-General considers it appropriate either because an international arrangement so requires or because it is permits or in the public interest, the Attorney-General may order that the whole or any part of any property forfeited pursuant subsection (7) or the value thereof be returned or remitted to the requesting state.