The International Crimes Act, 2008
Making of
monitoring order.
23. (1) Where authorised under this Act by the AttorneyGeneral to do so, a member of the police force may apply to
the High Court for an order directing a financial institution to
give information of the kind referred to in subparagraph (2) to
an appropriate Kenyan authority.
(2) Where the application is supported by evidence from
the Attorney-General that an order under this paragraph i s
necessary to comply with an ICC property request, the High
Court may by order direct a financial institution to give
information obtained by the institution about transactions
conducted through an account held by a particular person with
the institution.
www.kenyalaw.org
(3) A monitoring order shall apply in relation to
transactions conducted during the period specified in the order,
being a period commencing not earlier than the day on which
notice of the order is given to the financial institution and
ending not later than three months after the date of the order.
(4) A reference in this paragraph to a transaction conducted
through an account includes a reference to—
(a) the making of a fixed term deposit; and
(b) in relation to a fixed term deposit—the transfer of the
amount deposited, or any part of it, at the end of the
term.
Form of monitoring
order.
24. (1) A monitoring order shall specify—
(a) the name or names in which the account is believed to
be held;
(b) the kind of information that the institution is required
to give;
(c) the Kenyan authority to which the information is to be
given; and
(d) the manner in which the information is to be given.
(2) A financial institution that has been given notice of a
monitoring order and which knowingly—
(a) contravenes the order; or
(b) provides false or misleading information in purported
compliance with the order,
is guilty of an offence and liable on conviction to a fine not
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