ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
72. Appointment of manager in respect of property subject to restraint order
Edition: 2025-11-04 · In force
72. Appointment of manager in respect of property subject to restraint order
(1)Where a court has made a restraint order, that court may, at any time—(a)appoint a manager to do any one or more of the following on behalf of a person against whom the restraint order has been made—(i)perform any particular act in respect of any or all the property to which the restraint order relates;(ii)take care of the said property;(iii)administer the said property;(iv)where the said property is a business or undertaking, carry on, with due regard to any law which may be applicable, the business or undertaking; and(v)in the case of property that is perishable, or liable to deterioration, decay or injury by being detained in custody, to sell or otherwise dispose of the said property;(b)order the person against whom the restraint order has been made to surrender forthwith, or within such period as that court may determine, any property in respect of which a receiver has been appointed under paragraph (a), into the custody of that receiver.(2)A person affected by an order under subsection (1)(b) may at any time apply for the variation of—(a)rescission of the order; or(b)the terms of the appointment of the manager concerned or for the discharge of that manager.(3)The court that made an order under subsection (1)(b)—(a)may at any time—(i)vary or rescind the order; or(ii)vary the terms of the appointment of the manager concerned or discharge that manager;(b)shall discharge the manager concerned if the relevant restraint order is rescinded;(c)may make an order relating to the fees and expenditure of the manager as it considers fit, including an order for the payment of the fees of the manager from the confiscated proceeds, if a confiscation order is made, or by the Government if no confiscation order is made.