ADVOKS GLOBAL · KENYA
Proceeds of Crime and Anti-Money Laundering Act
95. Forfeiture order by default
Edition: 2025-11-04 · In force
95. Forfeiture order by default
(1)If the Agency Director-General applies for a forfeiture order by default and the High Court is satisfied that no person has appeared on the date upon which an application under section 91(1) is to be heard and, on the grounds of sufficient proof or otherwise, that all persons who served notices in terms of section 83(3) have knowledge of notices given under section 91(2), the High Court may—(a)make any order by default which the High Court could have made under sections 88(1) and (2);(b)make such order as the High Court may consider appropriate in the circumstances; or(2)The High Court may, before making an order in terms of subsection (1), call upon the Agency Director-General to adduce such further evidence, either in writing or orally, in support of his application as the High Court may consider necessary.(3)A person whose interest in the property concerned is affected by the forfeiture order or other order made by the High Court under subsection (1) may, within twenty days after that person has acquired knowledge of such order or direction, set the matter down for variation or rescission by the High Court.(4)The court may, upon good cause shown, vary or rescind the default order or give any other direction on such terms as it deems appropriate.