ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
87. Orders in respect of immovable property subject to preservation order
Edition: 2025-11-04 · In force
87. Orders in respect of immovable property subject to preservation order
(1)A court that has made a preservation order in respect of immovable property may at any time, with a view to ensuring the effective execution of a subsequent order, order the Registrar of Lands to place a restriction on the land register in respect of that immovable property.(2)An order under subsection (1) may be made in respect of the following restrictions—(a)that the immovable property shall not without the consent of the court be mortgaged or otherwise encumbered;(b)that the immovable property shall not without the consent of the court, be attached or sold in execution; and(c)that the immovable property shall not, without the consent of the court—(i)vesting the Registrar of the High Court or Official Receiver concerned, as the case may be, when the estate of the owner of that immovable property is sequestrated;(ii)where the owners of the immovable property is a company or other corporate body which is being wound up, form part of the assets of that company or corporate body.(3)In order to give effect to subsection (1), the Registrar of Lands concerned shall—(a)make the necessary entries in his registers and the necessary endorsement on the office copy of the title deed, and thereupon any such restriction shall be effective against all persons except, in the case of a restriction contemplated in subsection (2)(b), against any person in whose favour a mortgage bond or other charge was registered against the title deed of immovable property prior to the endorsement of the restriction on the title deed of the immovable property, but shall lapse on the transfer of ownership of the immovable property concerned;(b)when the original of the title deed is produced to him, make the necessary endorsement thereon.(4)Unless the court directs otherwise, the custody of immovable property on the title deed of which a restriction contemplated in subsection (2)(c) was endorsed shall, from the date on which—(a)the estate of the owner of the immovable property is sequestrated; or(b)where the owner of the immovable property is a company or other corporate body, that company or corporate body is being wound up,vest in the person or persons in whom the said custody would have vested if such a restriction were not so endorsed.(5)Where the court granted its consent in respect of a restriction contemplated in subsection (2)(c) and endorsed on the title deed of immovable property, the immovable property shall be deemed, if the—(a)estate of the owner of the immovable property was sequestrated, to have vested in the Registrar of the High Court or Official Receiver concerned, as the case may be, as if such a restriction were not so endorsed; or(b)owner of the immovable property is a company or other legal entity which is being wound up, to have formed part of the assets of such company or legal entity as if such a restriction were not so endorsed.(6)A person affected by an order contemplated in subsection (1) may at any time apply for the rescission of the order.