AGADVOKS GLOBALKENYA · ENGLISH
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Proceeds of Crime and Anti-Money Laundering Act

64. Statements relating to proceeds of crime

Edition: 2025-11-04 · In force

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64. Statements relating to proceeds of crime

(1)The Agency Director-General may or, if so directed by the court, shall tender to the court an affidavit by the defendant or any other person in connection with any matter which is being inquired into by the court under section 61(1), or which relates to the determination of the value of a defendant’s proceeds of crime.
(2)A copy of the affidavit referred to in subsection (1), shall be served on the defendant.
(3)The defendant may dispute the correctness of any allegation contained in an affidavit referred to in subsection (1), and if the defendant does so, he shall state the grounds upon which he relies.
(4)In so far as the defendant does not dispute the correctness of any allegation contained in the affidavit under subsection (1), that allegation shall be considered to be conclusive proof of the matter to which it relates.
(5)A defendant may or, if so directed by the court, tender to the court an affidavit or affirmation in writing by him or another person in connection with any matter which relates to the determination of the amount which might be realized as contemplated in section 59(1).
(6)A copy of the affidavit or affirmation tendered under subsection (5) shall be served on the Agency Director-General.
(7)The Agency Director-General may admit the correctness of any allegation contained in an affidavit or affirmation tendered under subsection (5).
(8)In so far as the Agency Director-General admits the correctness of any allegation contained in an affidavit or affirmation tendered under subsection (5), that allegation shall be considered to be conclusive proof of the matter to which it relates.(Act No. 6 of 2025, Sch.)
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Source: Kenya Law