ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
92. Making of forfeiture order
Edition: 2025-11-04 · In force
92. Making of forfeiture order
(1)The High Court shall, subject to section 94, make an order applied for under section 90(1) if it finds on a balance of probabilities that the property concerned—(a)has been used or is intended for use in the commission of an offence; or(2)The Court may, when it makes a forfeiture order or at any time thereafter, make any ancillary orders that it considers appropriate, including orders for and with respect to facilitating the transfer to the Government of property forfeited to it under such an order.(3)The absence of a person whose interest in property may be affected by a forfeiture order does not prevent the Court from making the order.(4)The validity of an order under subsection (1) is not affected by the outcome of criminal proceedings, or of an investigation with a view to institute such proceedings, in respect of an offence with which the property concerned is in some way associated.(5)The Registrar of the High Court making a forfeiture order shall publish a notice thereof in the Gazette as soon as practicable but not more than thirty days after the order is made.(6)A forfeiture order shall not take effect—(a)before the period allowed for an application under section 89 or an appeal under section 96 has expired; or(b)before such an application or appeal has been disposed of.