ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
121. Access to information
Edition: 2025-11-04 · In force
121. Access to information
(1)The Attorney-General may request any person employed in or associated with a government department or statutory body to furnish him with all information that may reasonably be required for any investigation in terms of this Act and such person shall notwithstanding anything to the contrary contained in any law which prohibits or precludes that person—(a)from disclosing any information relating to the activities, affairs or business of any other person; or(b)from permitting any person to have access to any registers, records or other documents, or electronic data which have a bearing on the said activities, affairs or business,furnish the Attorney-General with such information and permit the Attorney-General to have access to any registers, records, documents, and electronic data, which may contain such information.(2)The provisions of subsection (1) shall not be construed as prohibiting any Cabinet Secretary by whom or any other department or institution by which, or under the control of whom or which, any law referred to in subsection (4) is administered, or any board, institution or body established by or under any such law, from making any practical and reasonable procedural arrangements with regard to the furnishing of such information or the granting of the access contemplated in subsection (1) and according to which the information or the granting of the access contemplated in that subsection shall be furnished or granted with regard to any reasonable safeguards which any such Cabinet Secretary, authority, board, institution, body or person, subject to the provisions of subsection (3), requires to maintain the confidentiality of such information, registers, records, documents or electronic media.(3)No person shall, without the written permission of the Attorney-General disclose to any other person any confidential information, registers, records, documents or electronic data which came to his knowledge in the performance of that person’s functions in terms of this Act and relating to the activities, affairs or business of any other person, except—(a)for the purpose of performing that person’s functions in terms of this Act;(b)in the course of adducing evidence in any criminal proceedings or proceedings in terms of this Act; or(c)when required to do so by an order of a court of law.(4)A person who contravenes subsection (3) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding two million shillings, or to both.