Single view

Kenya


2. Interpretation

(1) In this Act, unless the context otherwise requires –


“unexplained assets” means assets of a person—

acquired at or around the time the person was reasonably suspected of corruption or economic crime; and
whose value is disproportionate to his known sources of income at or around that time and for which there is no satisfactory explanation.

55. Forfeiture of unexplained assets

(1) In this section, “corrupt conduct” means—

conduct that constitutes corruption or economic crime; or
conduct that took place before this Act came into operation and which—
(i) at the time, constituted an offence; and
(ii) if it had taken place after this Act came into operation, would have constituted corruption or economic crime.

(2) The Commission may commence proceedings under this section against a person if—

after an investigation, the Commission is satisfied that the person has unexplained assets; and
the person has, in the course of the exercise by the Commission of its powers of investigation or otherwise, been afforded a reasonable opportunity to explain the disproportion between the assets concerned and his known legitimate sources of income and the Commission is not satisfied that an adequate explanation of that disproportion has been given.

(3) Proceedings under this section shall be commenced in the High Court by way of originating summons.

(4) In proceedings under this section—

the Commission shall adduce evidence that the person has unexplained assets; and
the person whose assets are in question shall be afforded the opportunity to cross-examine any witness called and to challenge any evidence adduced by the Commission and, subject to this section, shall have and may exercise the rights usually afforded to a defendant in civil proceedings.

(5) If after the Commission has adduced evidence that the person has unexplained assets the court is satisfied, on the balance of probabilities, and in light of the evidence so far adduced, that the person concerned does have unexplained assets, it may require the person, by such testimony and other evidence as the court deems sufficient, to satisfy the court that the assets were acquired otherwise than as the result of corrupt conduct.

(6) If, after such explanation, the court is not satisfied that all of the assets concerned were acquired otherwise than as the result of corrupt conduct, it may order the person to pay to the Government an amount equal to the value of the unexplained assets that the Court is not satisfied were acquired otherwise than as the result of corrupt conduct.

(7) For the purposes of proceedings under this section, the assets of the person whose assets are in question shall be deemed to include any assets of another person that the court finds—

are held in trust for the person whose assets are in question or otherwise on his behalf; or
were acquired from the person whose assets are in question as a gift or loan without adequate consideration.

(8) The record of proceedings under this section shall be admissible in evidence in any other proceedings, including any prosecution for corruption or economic crime.

(9) This section shall apply retroactively.


Type: Qualified Civil Illicit Enrichment Laws

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