ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
61. Confiscation orders
Edition: 2025-11-04 · In force
61. Confiscation orders
(1)Whenever a defendant is convicted of an offence, the court convicting the defendant shall, on the application of the Attorney-General, the Agency Director-General or of its own motion, inquire into any benefit which the defendant may have derived from—(b)any other offence of which the defendant has been convicted at the same trial; and(c)any criminal activity which the court finds to be sufficiently related to that offence,and, if the court finds that the defendant has so benefited, the court shall, in addition to any punishment which it may impose, make an order against the defendant for the payment to the Government of any amount it considers appropriate and the court may make any further orders as it may deem fit to ensure the effectiveness and fairness of that order.(2)The amount which a court may order the defendant to pay to the Government under subsection (1)—(a)shall not exceed the value of the defendant’s proceeds of the offences or related criminal activities referred to in that subsection, as determined by the court in accordance with the provisions of this Part; or(b)if the court is satisfied that the amount which is just as contemplated in section 63(1) is less than the value referred to in paragraph (a), the amount payable shall not exceed an amount which, in the opinion of the court might be so realized.(3)A court convicting a defendant may, when passing sentence, indicate that it will hold an inquiry as contemplated in subsection (1) at a later stage if—(a)it is satisfied that inquiry would unreasonably delay the sentencing of the defendant; or(b)the Attorney-General applies to the court to first sentence the defendant and the court is satisfied that it is reasonable and justifiable to do so in the circumstances.(4)If the judge or magistrate who convicted the defendant is absent or for any other reason not available, any judge or magistrate of the same court shall consider an application referred to in subsection (1) and hold the inquiry referred to in that subsection and that person may, in the proceedings, take such steps as the judge or magistrate who is absent or not available could lawfully have taken.(5)A court before which proceedings under this section are pending, may, in considering an application under subsection (1)—(i)refer to the evidence and proceedings at the trial;(ii)hear further oral evidence or take documentary evidence as the court may deem fit;(iii)direct the Agency Director-General to tender to the court the affidavit referred to in section 64(1); and(iv)direct a defendant to tender to the court an affidavit referred to under section 64(5).(6)The amount ordered to be paid under a confiscation order shall be paid on the making of the order:Provided that if the defendant indicates to the court that he needs time to pay the amount ordered to be paid, the court making the confiscation order may make an order allowing payment to be made in a specified period.