ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
126. Monitoring orders not to be disclosed
Edition: 2025-11-04 · In force
126. Monitoring orders not to be disclosed
(1)A reporting institution that is, or has been subject to a monitoring order shall not disclose the existence or operation of the order to any person except—(a)an officer or agent of the institution for the purpose of ensuring compliance with the order;(b)a legal adviser for the purpose of obtaining legal advice or representation in respect of the order; or(c)a police officer authorised in writing to receive the information.(2)A person who contravenes subsection (1) 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.(3)A person described in subsection (1) shall not disclose the existence or operation of a monitoring order except to another such person, and may do so only for the purposes of the performance of his duties or functions.(4)A person who contravenes the provisions of 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.(5)Nothing in this section prevents the disclosure of information concerning a monitoring order for the purposes of or in connection with legal proceedings or in the course of proceedings before a court, provided that nothing in this section shall be construed as requiring a legal adviser to disclose to any court the existence or operation of a monitoring order.