ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
89. Variation and rescission of orders
Edition: 2025-11-04 · In force
89. Variation and rescission of orders
(1)A court which makes a preservation order—(a)may, on application by a person affected by that order, vary or rescind the preservation order or an order authorising the seizure of the property concerned or other ancillary order if it is satisfied—(i)that the operation of the order concerned will deprive the applicant of the means to provide for his reasonable living expenses and cause undue hardship for the applicant; and(ii)that the hardship that the applicant will suffer as a result of the order outweighs the risk that the property concerned may be destroyed, lost, damaged, concealed or transferred; and(b)shall rescind the preservation order when the proceedings against the defendant concerned are concluded.(2)When a court orders the rescission of an order authorising the seizure of property under paragraph (a) of subsection (1), the court shall make such other order as it considers appropriate for the proper, fair and effective execution of the preservation order concerned.(3)A person affected by an order for the appointment of a manager may at any time, apply for the—(a)variation or rescission of the order;(b)variation of the terms of the appointment of the manager concerned; or(c)discharge of the manager.(4)The court that made an order for the appointment of a manager—(a)may, if it deems it necessary in the interests of justice, at any time—(i)vary or rescind the order;(ii)vary the terms of the appointment of the manager concerned; or(iii)discharge that manager;(b)shall rescind the order and discharge the manager concerned if the relevant preservation order is rescinded.(5)A person affected by an order in respect of immovable property may, at any time, apply for the rescission of the order.(6)The court that made an order in respect of immovable property—(i)may, if it deems it necessary in the interests of justice, at any time rescind the order; or(ii)shall rescind the order if the relevant preservation order is rescinded.(7)If an order in respect of immovable property is rescinded, the court shall direct the Land Registrar concerned to lift any caveat entered by virtue of that order on the land registry in respect of that immovable property, and the Registrar shall give effect to such direction.