ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
67. Procedure where person absconds or dies
Edition: 2025-11-04 · In force
67. Procedure where person absconds or dies
(1)If a court is satisfied—(a)that—(i)a person had been charged with an offence; or(ii)a person had been convicted of any offence; or(iii)a restraint order had been made against a person; or(iv)there is sufficient evidence for putting a person on trial for an offence; and(b)a warrant for that person’s arrest had been issued and that the attendance of that person in court could not be secured after all reasonable steps were taken to execute that warrant;(c)the proceedings against that person cannot be resumed within a period of six months due to his continued absence; and(d)there are reasonable grounds to believe that a confiscation order would have been made against that person were it not for his continued absence,the court may, on an application by the Agency Director-General, inquire into any benefit he may have derived from that offence.(2)Whenever a defendant who has been convicted of an offence dies before a confiscation order is made, the court may, on an application by the Agency Director-General, inquire into any benefit he may have derived from that offence if the court is satisfied that there are reasonable grounds to believe that a confiscation order would have been made against him were it not for his death.(3)The administrator of the estate of the deceased may appear before the court and make representations for the purposes of any inquiry.(4)The court conducting an inquiry under this section may—(a)if the court finds that the person referred to in subsection (1) or (2) has so benefited, make a confiscation order and the provisions of this Part shall, with the necessary changes, apply to the making of that order;(b)if a receiver has not been appointed in respect of any of the property concerned, appoint a receiver in respect of realizable property; and(c)authorise the realization of the property concerned in terms of Part VIII.(5)A court shall not exercise its powers under subsection (4)(a) or (c) unless it has afforded all persons having any interest in the property concerned an opportunity to make representations to it in connection with the making of the orders.(6)Sections 64 and 65 shall not apply to an inquiry under this section.(7)If a person, excluding a person contemplated in subsection (1)(a)(ii), against whom a confiscation order had been made under subsection (4), is subsequently tried and—(a)convicted of one or other of the offences in respect of which the order had been made, the court convicting that person may conduct an inquiry under section 61(1) and make an appropriate order;(b)acquitted of the offence in respect of which the order had been made,the court acquitting that person may make an appropriate order.