ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
75. Realization of property
Edition: 2025-11-04 · In force
75. Realization of property
(1)A court may exercise the powers conferred upon it by subsection (2) when—(a)a confiscation order has been made against the defendant concerned;(b)that confiscation order is no longer subject to review or appeal; and(c)the proceedings against that defendant have been concluded.(2)A court may, on the application of the Agency Director-General—(a)if a receiver has not been appointed in respect of any of the property concerned, appoint a receiver in respect of the realizable property;(b)subject to subsection (3), authorise a manager appointed under section 72(1)(a) or a receiver appointed under paragraph (a) of this subsection, as the case may be, to realize any realizable property in such manner as that court may determine;(c)order any person who holds realizable property to surrender the said property forthwith into the custody of a manager appointed under section 72(1)(a) or a receiver appointed under paragraph (a) of this subsection, as the court may determine.(3)A court shall not exercise its powers under subsection (2)(b) unless it has afforded all persons known to have any interest in the property concerned an opportunity to make representations to it in connection with the realization of that property.(4)If the court is satisfied that a person—(a)is likely to be directly affected by the confiscation order; or(b)has suffered damage to or loss of property or injury as a result of an offence or related criminal activity referred to in section 61(1) which was committed by the defendant,the court may allow that person to make representations in connection with the realization of that property.(5)If the court is satisfied that a person who has suffered damage to or loss of property or injury as a result of an offence or related criminal activity referred to in section 61(1) which was committed by the defendant—(a)has instituted civil proceedings, or intends to institute such proceedings within a reasonable time; or(b)has obtained a judgment against the defendant,in respect of that damage, loss or injury, the court may order that the receiver suspend the realization of the whole or part of the realizable property concerned for the period that the court deems fit in order to satisfy such a claim or judgment and related legal expenses and may make such ancillary orders as it deems expedient.(6)The receiver shall, as soon as possible after—(a)the proceedings referred to in subsection (5)(a) have been disposed of; or(b)the judgment referred to in subsection (5)(b) has been satisfied, as the case may be; or(c)the period determined under subsection (5) has expired,whichever is the earliest, realize the realizable property concerned as contemplated in subsection (2).