Prevention of Organised Crimes Act

Section 1. Short title. Section This Act may be cited as the Prevention of and Organised Crimes Act.

Section 2. Interpretation. Section In this Act, unless the context otherwise requires— "benefit" means money, valuable consideration, office or employment; "criminal group funds" means— (a) funds which may be applied or used for the commission of, or in furtherance of or in connection with, acts of an organised criminal group ; (b) the proceeds of the commission of acts of an organised criminal group or of activities in furtherance of or in connection with such acts; or (c) the resources of an organised criminal group ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to internal security; "monetary instruments" means— (a) coins and paper currency of Kenya, or of a foreign country, designated as legal tender and which is customarily used and accepted as a medium of exchange in the country of issue; (b) travellers’ cheques, personal cheques, bank cheques, money orders, investment securities; or (c) any other negotiable instruments that are in bearer form, or other form through which title passes upon delivery; "organised criminal group" means a structured group ("a group that is not randomly formed for the immediate commission of an...

Section 3. Organised criminal activities. Section is a member or professes to be a member of an organised criminal group ;

Section 4. Offence. Section 4(1) A person who engages in any organised criminal activity specified in section 3 commits an offence and shall, upon conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding fifteen years, or both. Section 4(2) If as a result of the act referred to in section 3 (n) a person dies, the member of the organized criminal group shall on conviction be liable to imprisonment for life.

Section 5. Oathing. Section 5(1)(a) is present at and consents to the administering of any oath or engagement in the nature of an oath purporting to bind the person who takes it to belong to an organised criminal group or engage in an organised criminal activity; Section 5(1)(b) administers an oath or engagement in the nature of an oath purporting to bind the person who takes it to belong to an organised criminal group or engage in an organised criminal activity; Section 5(1)(c) takes any such oath or engagement in the nature of an oath; or Section 5(1)(d) by use of physical force, or by threat or intimidation of any kind compels another person to take such oath or engagement in the nature of an oath, commits an offence and shall on conviction be liable to imprisonment for life. Section 5(2) It shall not be a defence for a person who takes any oath or engagement in the nature of an oath referred to in subsection (1) to prove that he was compelled to do so unless, within five days after the taking of such oath or engagement in the nature of an oath, he reported to the police or any other law enforcement agency.

Section 6. Aiding and abetting. Section A person who attempts, aids, abets, counsels, procures, or conspires with another to commit an offence under this Act commits an offence and shall, upon conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding fourteen years, or both.

Section 7. Member of anorganised criminal group. Section admits to being a member of an organised criminal group ;

Section 8. Obstructing justice. Section 8(1) A person who willfully attempts in any way to obstruct, pervert or defeat the cause of justice under this Act commits an offence. Section 8(2)(a) uses physical force or threats; Section 8(2)(b) intimidates or attempts to intimidate; or Section 8(2)(c) dissuades or attempts to dissuade a person from giving evidence: Section 8(2)(d) induces false evidence; Section 8(2)(e) interferes with the giving of evidence; Section 8(2)(f) interferes with the production of evidence for the purpose of interfering with the judicial process; or Section 8(2)(g) promises or offers a benefit ("money, valuable consideration, office or employment;") ,

Section 9. Retaliation against witnesses. Section A person who, by act or omission, does anything against a person or a member of the family of the person in retaliation for the person having given evidence under this Act commits an offence.

Section 10. Obstructing apublic officer. Section A person who resists or willfully obstructs a public officer ("a public officer as defined in the Public Officer Ethics Act ();") in the execution of his duties under this Act, or a person lawfully acting in aid of the public officer ("a public officer as defined in the Public Officer Ethics Act ();") commits an offence.

Section 11. False statement. Section A person who, with intent to mislead, makes a false statement under this Act knowing that the statement is false commits an offence.

Section 12. Intimidation. Section to abstain from doing anything that the person has a lawful right to do;

Section 13. Disclosure of information, etc. Section 13(1)(a) discloses to another person anything which is likely to prejudice the investigation; or Section 13(1)(b) interferes with material which is likely to be relevant to the investigation, Section 13(2)(a) that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect an investigation carried out under this Act; or Section 13(2)(b) that he had a lawful excuse for the disclosure or interference.

Section 14. Penalty under this Part. Section A person who commits an offence under this Part shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding ten years or to both.

Section 15. Property tracing. Section 15(1)(a) compelling the person to deliver up any document or record relevant to identifying, locating or quantifying any property ("all monetary instruments and all other real or personal property of every description, including things in action or other incorporeal or heritable property, whether situated in Kenya or elsewhere, whether tangible or intangible, and includes an interest in any such property and any such legal document or instruments evidencing title to or interest in such property;") belonging to him or to the organised criminal group , or in his possession or control; Section 15(1)(b) requiring a bank or any other financial institution, trustee, cash dealer or custodian to produce all information and deliver up all documents and records regarding any business transaction conducted by or on behalf of the person concerned. Section 15(2) Where any person fails to comply with, is delaying or is otherwise obstructing an order made under this section, the High Court may, upon information sworn to that effect by the Attorney-General, authorise the Attorney-General or any officer deputed by him to enter any premises, including a bank or...

Section 16. Restraint orders. Section 16(1)(a) a person charged or about to be charged with an offence under this Act; or Section 16(1)(b) any other specified person. Section 16(2)(a) an organised criminal group ; Section 16(2)(b) a specified person reasonably suspected of being a member of such organised criminal group ; or Section 16(2)(c) any other specified person. Section 16(3)(a) prohibit any person from making money or other property ("all monetary instruments and all other real or personal property of every description, including things in action or other incorporeal or heritable property, whether situated in Kenya or elsewhere, whether tangible or intangible, and includes an interest in any such property and any such legal document or instruments evidencing title to or interest in such property;") available to or for the benefit ("money, valuable consideration, office or employment;") of the organised criminal group or suspect; Section 16(3)(b) provide for the granting of authority to make money or other property ("all monetary instruments and all other real or personal property of every description, including things in action or other incorporeal or heritable property, wh...

Section 17. Seizure and detention of organized criminal group cash. Section 17(1) An authorised officer who has reasonable grounds to suspect that any cash which is being imported into or exported from Kenya, or is being brought to any place in Kenya for the purpose of being exported from Kenya, is the property of an organised criminal group, may seize the cash. Section 17(2) An authorised officer may seize cash under this section even if he reasonably suspects part only of the cash to be the property of an organised criminal group, where it is not reasonably practicable to seize that part only of the cash. Section 17(3) An authorised officer may exercise his powers under subsection (1), whether or not any proceedings have been brought for an offence in connection with the cash concerned. Section 17(4) The authorized officer shall, as soon as is reasonably practicable and in any event not later than seven days after the seizure of cash under this section, make an application to the High Court for a detention order with respect to that cash. Section 17(5) The court shall not make an order for detention of the cash unless it is satisfied that there are reasonable grounds for suspecti...

Section 18. Forfeiture ofpropertyoforganised criminal group. Section 18(1)(a) an offence under this Act; or Section 18(1)(b) an offence under any other Act that constitutes an act of an organised criminal group within the meaning of this Act, may make a forfeiture order in accordance with the provisions of this section. Section 18(2)(a) which, at the time of the offence, he had in his possession or under his control; or Section 18(2)(b) which, at that time, he intended should be used for the purposes of the activities of the organised criminal group ; or Section 18(2)(c) which, at that time, he knew would or might be used for the purposes of the activities of the organised criminal group ; or Section 18(2)(d) to which the arrangement in question relates; or Section 18(2)(e) which, at the time of the offence, he knew was the property ("all monetary instruments and all other real or personal property of every description, including things in action or other incorporeal or heritable property, whether situated in Kenya or elsewhere, whether tangible or intangible, and includes an interest in any such property and any such legal document or instruments evidencing title to or interest in...

Section 19. Proceedings. Section All proceedings under this Part shall be civil in nature.

Section 20. General penalty. Section A person who commits an offence under this Act for which no penalty is provided shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding ten years, or both.

Section 21. Mutual Legal Assistance. Section Whenever an investigation is instituted under this Act, and mutual legal assistance is deemed necessary, the Attorney-General or any official designated by him for this purpose shall be notified of such investigation with a view to initiate mutual legal assistance and the sharing of information.

Section 22. Declaration of an organized criminal group. Section 22(1) Where the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to internal security;") has reasonable grounds to believe that a specified group is engaged in any organized criminal activity set out in section 3 of this Act, he may, on the advice of the Inspector-General of Police, by notice declare that specified group an organized criminal group for the purposes of this Act. Section 22(2) Any person aggrieved by the decision of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to internal security;") under this section may apply to the High Court for redress within twenty-one days from the date of publishing the order.

Section 23. Regulations. Section The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to internal security;") may make regulations generally for the better carrying out of the provisions of this Act.