ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
91. Late service of notice
Edition: 2025-11-04 · In force
91. Late service of notice
(1)A person who, for any reason, does not serve notice in terms of section 83(3) may, within fourteen days of his becoming aware of the existence of a preservation order, apply to the court for leave to serve that notice out of time.(2)An application under subsection (1) may be made before or after the date on which an application for a forfeiture order is made under section 90(1), but shall be made before judgment is given in respect of such an application for a forfeiture order.(3)The court may grant an applicant referred to in subsection (1) leave to serve notice in terms of section 83(3) within the period which the court deems appropriate, if the court is satisfied on good cause shown that such applicant—(a)has for sufficient reason failed to serve notice in terms of section 83(3); and(b)has an interest in the property which is subject to the preservation order.(4)When a court grants an applicant leave to serve notice out of time, the court—(a)shall make any order as to costs against the applicant; and(b)may make any order to regulate the further participation of the applicant in proceedings concerning an application for a forfeiture order, which it deems appropriate.(5)A notice served after leave has been obtained under this section shall contain full particulars of the chosen address of the person who serves such notice for the delivery of documents concerning further proceedings under this part and shall be accompanied by the affidavit referred to in section 83(5).