ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
93. Protection of third parties
Edition: 2025-11-04 · In force
93. Protection of third parties
(1)Where an application is made for a forfeiture order against property, a person who claims an interest in the property may apply to the High Court, before the forfeiture order is made and the court, if satisfied on a balance of probabilities—(a)that the person was not in any way involved in the commission of the offence; and(b)where the person acquired the interest during or after the commission of the offence, that he acquired the interest—(i)for sufficient consideration; and(ii)without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time he acquired it, tainted property,the court shall make an order declaring the nature, extent and value (at the time the order was made) of the person’s interest.(2)Subject to subsection (3), where a forfeiture order has already been made directing the forfeiture of property, a person who claims an interest in the property may, before the end of the period of twelve months commencing on the day on which the forfeiture order is made, apply under this subsection to the court for an order under subsection (1).(3)A person who—(a)had knowledge of the application for the forfeiture order before the order was made; or(b)appeared at the hearing of that application,shall not be permitted to make an application under subsection (2), except with leave of the court.(4)A person who makes an application under subsection (1) or (2) shall give not less than fourteen days written notice of the making of the application to the Agency Director-General who shall be a party to any proceedings in the application.(5)An applicant or the Agency Director-General may in accordance with the High Court rules, appeal to the Court of Appeal against an order made under subsection (1).(6)A person appointed by the court under this Act as a receiver or trustee shall, on application by any person who has obtained an order under subsection (1), and where the period allowed by the rules of court with respect to the making of appeals has expired and any appeal against that order has been determined—(a)direct that the property or Part thereof to which the interest of the applicant relates, be returned to the applicant; or(b)direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.(7)The Court may—(a)before making a confiscation order, or(b)in the case of property in respect of which a restraining order was made, where that order was served in accordance with section 68, or in the case of property in respect of which a court order has been made authorizing the seizure of the property, set aside any conveyance or transfer of the property that occurred after the seizure of the property or the service of the restraining order, unless the conveyance or transfer was made for value to a person acting in good faith and without notice.