ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
125. Monitoring orders
Edition: 2025-11-04 · In force
125. Monitoring orders
(1)An authorised officer may apply, ex parte, for a monitoring order directing a reporting institution to give information to that officer.(2)A monitoring order shall—(a)direct a reporting institution to disclose information obtained by it about transactions conducted through an account held by a particular person with it;(b)be for such a period as the court may deem necessary.(3)A monitoring order shall not be issued unless the court is satisfied that there are reasonable grounds for suspecting that the person in respect of whose account the order is sought has—(a)committed or was involved in the commission, or is about to commit or be involved in the commission of, a serious offence; or(b)benefited directly or indirectly, or is about to benefit directly or indirectly from the commission of a serious offence.(4)A monitoring order shall specify—(a)the name or names in which the account is held or believed to be held; and(b)the information that the institution is required to give.(5)Where a reporting institution which has been given notice of a monitoring order, knowingly—(a)contravenes the order; or(b)provides false or misleading information in purported compliance with the order,commits an offence.(6)A person who contravenes the provisions of this section shall, on conviction, be liable—(a)in the case of a natural person, to imprisonment for a term not exceeding three years, or to a fine not exceeding two million shillings, or to both; or(b)in the case of a body corporate, to a fine not exceeding ten million shillings.