ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
62. Value of proceeds of crime
Edition: 2025-11-04 · In force
62. Value of proceeds of crime
(1)Subject to the provisions of subsection (2), the value of the defendant’s proceeds of crime shall be the sum of the value of the property, services, advantages, benefits or rewards received, retained or derived by him at any time after the commencement of this Act in connection with the offence committed by him or any other person.(2)In determining the value of a defendant’s proceeds of crime, the court shall—(a)where it has made a forfeiture order or where a forfeiture order has previously been made in respect of property which is proved to the satisfaction of the court to have been—(i)the property which the defendant received in connection with the criminal activity carried on by him or any other person; or(ii)property which, directly or indirectly, represented in the defendant’s possession or control, which he received in that connection,leave the property out of account;(b)where a confiscation order has previously been made against the defendant, leave out of account, those proceeds of crime which are proved to the satisfaction of the court to have been taken into account in determining the amount to be recovered under that confiscation order.