ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
76. Application of certain sums of money
Edition: 2025-11-04 · In force
76. Application of certain sums of money
(1)Subject to subsection (2), the following sums of money under the control of a receiver appointed under this Part, namely—(a)the proceeds of any realizable property realized by virtue of section 75; and(b)any other sums of money, being property of the defendant concerned,shall, after the payments as the court may direct, have been made out of the sums of money, be applied on that defendant’s behalf in satisfaction of the confiscation order made against that person.(2)Notwithstanding subsection (1), where the court directs payments out of the sums of money referred to in that subsection—(a)the Government shall not have a preferential claim; and(b)if any money remains under the control of the receiver after the amount payable under the confiscation order has been fully paid, the receiver shall distribute that money—(i)among those persons who held realizable property realized by virtue of section 76; and(ii)in such proportions as the court may direct after affording the persons an opportunity to make representations to it in connection with the distribution of those sums of money.(3)Without limiting the generality of subsection (1), the payments that a court may direct to be under that subsection shall include any payment in respect of an obligation which was found to have priority under section 64.