ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
124. Hearings of court to be open to public
Edition: 2025-11-04 · In force
124. Hearings of court to be open to public
(1)Subject to the provisions of this section, the hearings of the court contemplated in this Act, except for ex parte applications, shall be open to the public.(2)If the court, in any proceedings before it, is satisfied that—(a)it would be in the interest of justice; or(b)there is a likelihood that harm may ensue to any person as a result of the proceedings being open,it may direct that such proceedings be held behind closed doors and that the public or any category thereof shall not be present at such proceedings or any part thereof.(3)An application for proceedings to be held behind closed doors may be brought by the Agency Director-General or the manager referred to in section 68 and any other person referred to in subsection (2), and such application shall be heard behind closed doors.(4)The court may at any time review its decision with regard to the question whether or not the proceedings shall be held behind closed doors.(5)Where the court pursuant to subsection (2) on any grounds referred to in that subsection directs that the public or any category thereof shall not be present at any proceedings or part thereof, the court may—(a)direct that no information relating to the proceedings, or any part thereof held behind closed doors, shall be made public in any manner;(b)direct that no person, in any manner, shall make public any information which may reveal the identity of any witness in the proceedings; and(c)give such directions in respect of the record of proceedings as may be necessary to protect the identity of any witness:Provided that the court may authorise the publication of any information it considers just and equitable.(6)A person who discloses information in contravention of subsection (5) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding five hundred thousand shillings, or to both.