www.kenyalaw.org The International Crimes Act, 2008 exceeding five hundred thousand shillings. Confidentiality of monitoring order. 25. (1) A financial institution that is, or has been, subject to a monitoring order shall not disclose the existence or the operation of the order to any person (including the person to whom the order relates) except— (a) if the order specifies the Commissioner of Police as the appropriate Kenyan authority to which information is to be given—the Commissioner of Police or a member of the police force; (b) if the order specifies some other Kenyan authority as the authority to which information is to be given—a member, or member of staff, of the authority; (c) an officer or agent of the institution, for the purpose of ensuring that the order is complied with; or (d) an advocate, for the purpose of obtaining legal advice or representation in relation to the order. (2) A person of a kind referred to in subparagraph (1) (a), (b), (c) or (d) to whom the existence or operation of a monitoring order has been disclosed (whether in accordance with subparagraph (1) or a previous application of this subparagraph or otherwise) shall not— (a) while he is such a person—disclose the existence or operation of the order, except to another person of a kind referred to in subparagraph (1) (a), (b), (c) or (d) for the purpose of— (i) the performance of that person’s duties, if the disclosure is made by a person referred to in subparagraph (1) (a) or (b); (ii) ensuring that the order is complied with or obtaining legal advice or representation in relation to the order, if the disclosure is made by an officer or agent of the institution; or (iii) giving legal advice, or making representations, in relation to the order, if the disclosure is made by an advocate; or (b) when he or she is no longer such a person—make a record of, or disclose, the existence or the operation of the order in any circumstances. (3) Nothing in subparagraph (2) prevents the disclosure by a person of a kind referred to in subparagraph (1) (a) or (b) of the existence or operation of a monitoring order— 199