ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
77. Exercise of powers by court and receiver
Edition: 2025-11-04 · In force
77. Exercise of powers by court and receiver
(1)The powers conferred upon a court by sections 68, 69, 71, and 72 or upon a receiver appointed under this Part shall—(a)subject to paragraphs (b) and (c), be exercised with a view to making available the current value of realizable property for satisfying any confiscation order made or which might be made against the defendant;(b)in the case of realizable property held by a person to whom that defendant has directly or indirectly made an affected gift, be exercised with a view to realizing not more than the current value of the gift;(c)be exercised with a view to allowing a person other than the defendant or the recipient of the gift to retain or recover the current value of any property held by that person,and, except as provided in sections 61(1) and 68(6), any obligation of that defendant or the recipient of the gift which conflicts with the obligation to satisfy a confiscation order shall be left out of account.(2)The provisions of subsection (1) shall not be construed as prohibiting any court from making any additional order in respect of a debt owed to the Government.