ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
69. Cases in which restraint order may be made
Edition: 2025-11-04 · In force
69. Cases in which restraint order may be made
(1)A court may exercise the powers conferred on it by section 68(1)—(a)when—(i)a prosecution for an offence has been instituted against the defendant concerned; and(ii)either a confiscation order has been made against that defendant or it appears to the court that there are reasonable grounds for believing that a confiscation order may be made against that defendant; and(iii)the proceedings against that defendant have not been concluded; or(b)when—(i)that court is satisfied that a person is to be charged with an offence; and(ii)it appears to the court that there are reasonable grounds for believing that a confiscation order may be made against that person.(2)Where the court has made a restraint order under subsection (1)(b), that court shall rescind the restraint order if the relevant person is not charged within such period as the court may consider reasonable.