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27. Possession of unexplained property

(1) A person commits an offence who, being or having been a public official –

maintains a standard of living above that which is commensurate with his present or past lawful income;
owns property disproportionate to his present or past lawful income;

unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such property came under his ownership.

(2) Where in proceedings for an offence under paragraph (b) of subsection (1) the court is satisfied that, having regard to the closeness or relationship to the accused and other circumstances, there is reason to believe that any person is or was holding property in trust for or otherwise on behalf of the accused or has acquired such property as a gift from the accused, such property shall, in the absence of evidence to the contrary, be presumed to be in the control of the accused.

(3) Subject to this section, where a person is convicted of an offence under this section [they] shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding seven years or to both.

(4) The court shall, in addition, to the penalty imposed under subsection (3) order the confiscation of any pecuniary gain or property –

found to be in the ownership of the accused; and
of an amount or money value not exceeding the amount or value of pecuniary gain or property the acquisition of which was not explained to the satisfaction of the court.

Type: Criminal Illicit Enrichment Laws

Last update on LEARN: Thursday, 3 March 2022, 1:00 PM