ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
78. Variation of confiscation orders
Edition: 2025-11-04 · In force
78. Variation of confiscation orders
(1)If the court is satisfied that the realizable property is inadequate for the payment of the balance of the amount to be recovered under a confiscation order against the defendant concerned, that court may, on the application of that defendant, issue a certificate to that effect stating the reasons for the court being so satisfied.(2)For the purpose of subsection (1), the court may—(a)in the case of realizable property held by—(i)a person whose estate has been sequestrated, take into account the extent to which the proceeds of property in that estate may be distributed among the creditors; or(ii)a company or other legal entity which is being wound up, take into account the extent to which the assets of that company or legal entity may be distributed among the creditors;(b)leave out of account any inadequacy in the realizable property which is in the opinion of that court, wholly or partly attributable to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had directly or indirectly made an affected gift from the risk of any realization in terms of this Part.(3)If a certificate referred to in subsection (1) has been issued, the defendant may apply to the court that made the confiscation order against that person for the reduction of the amount to be recovered under that confiscation order.(4)In making an order under subsection (3), the court may substitute for the amount to be recovered under that confiscation order such lesser amount as that court may consider just in the circumstances of the case.