Kenyan legislation

The Anti-Corruption and Economic Crimes (Amnesty and Restitution) Regulations

Edition: 2022-12-31 · In force

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1. Citation

These Regulations may be cited as the Anti-Corruption and Economic Crimes (Amnesty and Restitution) Regulations.

2. Interest on property or money irregularly obtained

For the purposes of section 25A(3)(b) of the Act, the rate of interest on any property or money irregularly obtained shall be twelve per cent, payable with effect from the day such property or money was obtained.

3. Notice for amnesty applications

The Commission shall, from time to time, and at least twice every year, by notice in at least two daily newspapers of national circulation, invite interested persons to apply for amnesty in terms of section 25A(2) and 56B(3) of the Act.

4. Time-frame for filing applications

An application for amnesty under regulation 4 shall be in Form A set out in the Schedule and shall be filed with the Commission within sixty days of the publication of the notice under that regulation.

5. Undertaking not to institute investigations

(1)An undertaking by the Commission under section 25A(1) of the Act shall be in Form B set out in the Schedule.

(2)The Commission shall, before tendering the undertaking referred to in paragraph (1), give notice of its intention to make the undertaking in at least two daily newspapers of national circulation.

(3)An objection made under section 25A(5) of the Act shall be filed within thirty days of the publication of an intention to tender the undertaking.

(4)The Commission shall inform the objector, in writing, the action it has taken under section 25A(6), within twenty one days of its action.

6. Undertaking not to institute criminal proceedings

An undertaking by the Commission under section 56B(3) of the Act shall be in Form C in the Schedule.

7. Publication of list of persons granted undertaking

The Commission shall, in at least two daily newspapers of national circulation, publish the names and particulars of the persons granted an undertaking, conditions for each undertaking and any other information the Commission may consider necessary.

8. Consultation to be in writing

The consultations under section 25A(1) of the Act shall be in writing.

9. The Amnesty committee of the Commission

There shall be a committee to be known as the Amnesty Committee of the Commission (hereinafter referred to as “the Committee”) which shall be constituted by the Director and shall comprise of—

(a)the Deputy-Director who shall be the chairperson;

(b)one Assistant Director of the Commission; and

(c)three other officers of the Commission.

10. Restitution of property to rightful owner

(1)The Commission shall facilitate the restitution of the property or money paid or refunded to, or deposited with the Commission for, all affected persons by a suspected person under section 25A(3)(b) to the rightful owner within a period of six months of the date of payment, refund or deposit:Provided that the Commission may, where appropriate, impose conditions for such restitution and recover any costs incurred in the restitution process.

(2)Where the owner of the property or money paid or refunded to, or deposited with the Commission under section 25A(3)(b), cannot be traced or identified after a period of six months from the time of notice of identification, the property shall be forfeited to the Government.

11. Payment of forfeited into the Consolidated Fund

The property or money that is forfeited to the Government under regulation 11(2) shall be paid into the Consolidated Fund.

Source: Kenya Law · Imported 4 October 2026