ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
68. Restraint orders
Edition: 2025-11-04 · In force
68. Restraint orders
(1)The Agency Director-General may apply to a court ex parte for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property to which the order relates.(2)A restraint order may be made in respect of—(a)realizable property as may be specified in the restraint order and which is held by a person against whom the restraint order is being made;(b)all property which, if it is transferred to that person after the making of the restraint order, would be realizable property.(3)A court to which an application is made under subsection (1) may make a temporary restraint order if the court is satisfied that—(a)a criminal investigation has been started in Kenya with regard to an offence; or(b)there is reasonable cause to believe that a person leads a criminal lifestyle and has benefited from his criminal conduct.(4)A restraint order shall provide for the period of the notice to be given to persons affected by the order.(5)Without derogating from the generality of the powers conferred by subsection (1), a restraint order may make such provisions as the court may think fit for the reasonable—(a)living expenses of a person against whom the restraint order is being made and his family or household;(b)legal expenses of that person in connection with any proceedings instituted against him in terms of this Part or any criminal proceedings to which the proceedings may relate;(c)carrying on of any trade, business, profession or occupation:Provided that the court may place conditions as it believes appropriate for the purpose of ensuring that the restraint order is effective and the court is satisfied that the person whose expenses shall be provided for has disclosed, under oath, all his interests in the property subject to a restraint order and that the person cannot meet the expenses or carry on the trade or profession concerned out of his unrestrained property.(6)A court making a restraint order may also make further order in respect of the discovery or disclosure of any facts, including facts relating to any property over which the defendant may have effective control and the location of such property, as the court may consider necessary or expedient with a view to achieving the objects of the restraint order.(7)A court making a restraint order shall at the same time make an order authorising the seizure of all movable property concerned and any other ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order.(8)Property seized under subsection (7) shall be dealt with in accordance with the directions of the court that made the relevant restraint order.(9)A court that made a restraint order—(a)may, on application by a person affected by that order, vary or rescind the restraint order or an order authorising the seizure of the property concerned or other ancillary order if it is satisfied that the—(i)operation of the order concerned will deprive the applicant of the means to provide for his reasonable living expenses and cause undue hardship to the applicant; and(ii)hardship that the applicant will suffer as a result of the order outweighs the risk that the property concerned may be destroyed, lost, damaged, concealed or transferred; and(b)shall rescind the restraint order when the proceedings against the defendant concerned are concluded.(10)When a court orders the rescission of an order authorising the seizure of property in terms of subsection (9)(a) the court shall make such other orders as it considers appropriate for the proper, fair and effective execution of the restraint order concerned.