CHAPTER 200 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT . [PRINCIPAL LEGISLATION] OAG Arrangement of Sections n o f siois Section Title erm ut p ith o part i d w PRELIMINARY PROVISIONS te trib u 1. Short title. s di 2. Interpretation. d o r e uc part ii rodp THE CORRUPTION AND ECONOe Mr e IC CRIMES DIVISION OF THE HIGaHy b COURT Establishment and Compooski tmion of the Court o 3. Establishment, composition and jurisids i bction of Court. 4–7. Repealed. of th 8. Remuneration and expenses. rt pa 9. Seals of Court. No 10. Administration of Couretd . v . er re s s Jurisdiction and Functions t 11. Powers and druigt hies of Court. 12. Power to .r eAflel r matters to other Courts. 13. Place onf iaa sittings. 14. Disacnl zosure of interest of member. 15. Pf rTt o ivilege of proceedings. 16e. n Repealed. m ern17. Reports from Court. Gov 18. Contempt of Court. 5 02 19. Power of Court in relation to contempt. ©2 47 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] part iii INVESTIGATION OF ECONOMIC CRIMES Investigation Process 20. Application of Criminal Procedure Act. 21. Personnel for investigation. AG. 22. Search for and seizure of property. O of 23. Disposal and forfeiture of property. n sio 24. Disappearance of suspect. mis pe r The Decision to Prosecute ut ho 25. Director of Public Prosecutions to be informed of occurrences and it w to give directions. ute d 26. Consent of Director of Public Prosecutions for prosecutions. tribs 27. Repealed. i or d ed part iv du c PROCEDURE PRIOR TO AND DURING TRIALep B roEFORE THE COURT r Preliminary Procedu e yr be 28. Application of Criminal Procedure Act. k m a 29. Procedure on arrest. bo o 30. Committal for trial by Court. s th i 31. Information. f rt o 32. Address of accused to be reco rpdao ed. 33. Admission by accused. N d. 34. Denial by accused. rvee 35. Preliminary hearinregs . 36. Bail. htsig 37. Change of Aclilr rcumstances after grant of bail. 38. Arrest noifa .p ersons contravening bail provisions. a nz Ta Procedure During Trial f 39. nt oExpedition of actions. e n4m0. Dismissal of charge. er ov 41. Procedure on close of case for prosecution. 5 G 42. Procedure on defence of alibi. 022 43. Judgment and sentence. © 44. Alternative verdicts. 45. Orders in respect of property. 48 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Provisions Regarding Evidence 46. Application of Evidence Act. 47. Manner of obtaining and sources of evidence. 48. Evidence on oath or affirmation. 49. Evidence in presence of accused and examination. . 50. Evidence in absence of accused. OAG f 51. Interpretation of evidence. o ion 52. Refractory witnesses. ss mi 53. Protection of witnesses. r pe 54. Immunity of witnesses. t ou 55. Depositions to preserve testimony. with 56. Litigation concerning sources of evidence. ute d tribs part v r d i OFFENCES AND PENALTIES d o ce 57. Offences under this Act. u pro d 58. Application of Penal Code. re 59. Prohibition of transfer of advantage or propertyy b e involved in economic offence. ma 60. Prohibition of insolvency. k bo o 61. Punishment for proved crimes. thi s 62. Orders for compensation, restitutoiof t n, etc.. r 63. Right of appeal. pa . N o d rve part vi reMs eISCELLANEOUS PROVISIONS 64. Regulations. htsig 65. Power to mall A kre rules. 66. Omittendia. . 67. Repneza al. 68. Sf aTv aings. nt o me rn SCHEDULES ov e 25 G 0 ©2 49 CHAPTER 200 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT . An Act to make better provision for the control and eradication of certain AG crime and culpable non-criminal misconduct through the prescription of of O n modified investigation and trial procedures, and new penal prohibition io iss, the provision of enhanced sanctions and new remedies, and for reelarmted p matters. ut o [25th Septwemith ber, 1984] tedu [s. 1(2)] Acts Nos. 9 of 1995 3 of 2011 GN. No. rib 13 of 1984 17 of 1996 6 of 2012 658 of 1998 dis t 12 of 1987 31 of 1997 3 of 2016 or 13 of 1988 2 of 2007 1 of 2022 ed 10 of 1989 1 of 2008 11 of 2023 c du 27 of 1991 3 of 2009 rep ro 3 of 1992 2 of 2010 e ay b k m oo s b PART I PRELIMf t hi rt o INARY PROVISIONS o p a Short title 1. This Act mady. N be cited as the Economic and Organised Crime Control Acetrv. e s r es Interpretation 2.–(1 t rig) h In this Act, unless the context otherwise requires- Acts Nos. ll 2 of 2007 s. 30 “a. iArcraft” means any machine that can derive support in the a 3 of 2016 s. 6 ni nz a atmosphere from the reaction of the air other than the Ta reaction of the air against the earth’s surface; t o f n “aircraft facilities” shall have the meaning ascribed to it in Capr.n 8m e 0 any subsidiary legislation made under the Civil Aviation veo Act; 5 G2 “appropriate judicial authority” means the Chief Justice and 0 ©2 each judge of the High Court authorised in writing by the Chief Justice to exercise the functions of an appropriate judicial authority under this Act; “business” includes a business not carried on for profit; 50 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] “carrier” means any person engaged in the transportation of passenger or property by land, air or sea, as a common contract or private carrier of freight, forwarder, and officers, agents or employees of such carrier; . “combination” means persons who collaborate in carrying OAG out and furthering the activities or purposes of a criminal of n racket even though such persons may not know eaicssh io other’s identity or the membership combination chpaen rmges from time to time or one or more members maoyu t stand in a wholesaler-retailer or other arm’s length rewlit ahtionship d with others as to activities or dealings betwbue teen or among themselves in an illicit operation; tri dis “confidence game” means any swindlindg o o r peration whereby advantage is taken of the confidceedu nce reposed by the victim in the swindler; proe “corruption offence” means an boeff r ence under the Prevention Cap. 329 and Combating of Corrumpay tion Act specified in the First Schedule; k bo o “Court” means the hCis t orruption and Economic Crimes Division of the H f rt oigh Court established under section 3; “criminal rackeot” p a means any combination of persons or enterprises N ed . engaging, or having the purpose of engaging, whethere rvs once, occasionally or on a continuing basis, in e conhdtsu r ct which amounts to an offence under this Act; “delal rli ger” means any person engaged in the business of A ia. distributing any goods for consumption or use by other n nz a at wholesale or retail, or the treatment or use of such a of T goods for the purposes of manufacturing other goods for t en distribution by others; m ern “decision” includes a judgment, finding, acquittal, conviction, v G o sentence or ruling; 25 20 “document” has the meaning ascribed to it under the © Cap. 6 Evidence Act; “economic offence” means any offence triable under this Act; “enterprise” includes any individual, partnership, corporation, association or other legal entity, and any 51 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] union or group of individuals associated in fact although not a legal entity, carrying on any business whether or not for profit; “explosive materials” includes explosives, blasting agents, . detonators any material used in the manufacture of G OA explosives; of n “firearm” means- siois (a) any weapon which is capable of expelling, or is desiegrp nmed or may readily be convened to expel, a projectileut o by the action of an explosive; ith d w (b) the frame or receiver of any such weaponuteb ; (c) any firearm muffler or firearm silencdeisr tr;i (d) any destructive device, d o r and includes an antique or domescedu tically manufactured firearm; proe “foreign commerce” means co bme rmerce between the United Republic, or any citizen omfa yor any firm or body corporate established in the U ok bonited Republic, and any foreign country, firm, pers toh ins or body of persons; “game” means a spo orfrt t; “importer” meaon ps a any person engaged in the business of importing N ed o . r bringing any article or thing of commercial value inetrvs o the United Republic; e “interhntsa rl trade” means commerce amongst the citizens, fi ig ll r ms and other persons or bodies of persons, whether or A ia. not corporate, within the United Republic; n nz a “Judge” means a Judge of the High Court; Ta of “local government authority” means a city, municipality, t en town, district or village council, and includes a township rnme authority and any committee or other body established v G o by and for the purposes of a local government authority; 25 20 “magistrate” means a magistrate performing or authorised © to perform any function for purposes of this Act; “manufacturer” means any person engaged in the business of manufacturing any article or thing of commercial value; 52 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] “member” means a member of the Court, and includes the Judge presiding over the proceedings of the Court; “Minister” means the Minister responsible for legal affairs; “motor vehicle” and “motor vehicle facilities” means every . description of carriage or other contrivance propelled OAG or drawn by mechanical power and used for commercial of n purposes on the highways in the transportation io isosf passengers or passengers and property, whether pubelrmp icly or privately owned; ut o “official act” means any decision or action on an yw i tqhuestion, d matter, cause, suit, proceeding or controverbus tye, which may at any time be pending, or which may byt ridis law be brought before any public official, in his officida ol r capacity; “organised crime” means any offdeun cece or non-criminal culpable conduct which is coepm romitted in combination or from whose nature, a pre r bseumption may be raised that its commission is eviden y mc ae of the existence of a criminal racket in respect of ok baocts connected with, related to or capable of produci tnh igs the offence in question; “person” includes f rt aon individual, partnership, committee, association, co op arporation, and any other organisation or group of pede . rNsons whether or not a body corporate; “public offiervs cial” means any person holding any office, e wh r hetts her appointive or elective, in the Government of the U g ll rni ited Republic or any agency of the United Republic; “iar. a Acket” means any combination of persons or enterprises; n nz a “Registrar” means the Registrar of the High Court; of Ta “specified authority” means any department of the nt e Government of the United Republic, a co-operative m ern society, a local government authority or a parastatal Gov organisation; 25 20 “sport” includes archery, athletics, bao, baseball, basketball, © boxing, cards, chess, cricket, darts, dog-racing, draughts, football, hockey, horseracing, handball, netball, polo, squash, swimming, tennis, volleyball and any other game, play or sport, by whatever name called, involving bodily 53 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] exercise or mental exertion, whether outdoor or indoor and whether played by amateurs or professionals; “sports contest” means a sports competition of any kind; “wildlife” and “wildlife resources” include resources which . comprise wild mammals, wild birds, fish, and all other AG O categories of wild creatures of any kind, and all types of n o f aquatic and land vegetation upon which such wildliisfse io resources are dependent. pe rm (2) All offences created by or punishable under thute o First Schedule to this Act shall be referred to as econom iwci t hoffences. d (3) Except where the nature or circumstancebus t eof an offence indicate otherwise, where two or more pers tri doisns are proved to have been jointly involved in the commissoir d on of an economic offence, or where it appears to the Coudrut c ethat the accused could not have committed the offence wprioe thout the connivance or collaboration of a person or perseo r b ns not known to the Court, the commission of the offenmca ey shall be deemed to have been organised, and the offenbcoe o kto be an organised crime for the purposes of sentence. f th is art o o p PART II N THE CO d. rveRRUPTION AND ECONOMIC CRIMES se re DIVISION OF THE HIGH COURT ts rig h All Establishment and Composition of the Court ia. Establishment, za n3.–(1) There is established the Corruption and Economic composition a T nadn jurisdiction fof Crimes Division of the High Court with the Registry and sub- Court o en t registries as may be determined by the Chief Justice, in which Act Nmo. 3 ofr n2016 s. 8 proceedings concerning corruption and economic cases under ve Go this Act may be instituted. 5 02 (2) The Corruption and Economic Crimes Division of the ©2 High Court shall consist of a Judge or such number of Judges of the High Court as may be determined by the Chief Justice. (3) The Court shall have jurisdiction to hear and determine cases involving- 54 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (a) corruption and economic offences specified in paragraphs 3 to 21 and paragraphs 27, 29 and 38 of the First Schedule whose value is not less than one billion shillings, save for paragraph 14; . (b) economic offences specified under paragraphs 22, 23, OAG 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37 and 39 of f n o the First Schedule regardless of their value; and iss io (c) such other offences as may be referred to, or institeurmp ted in the Court in terms of the provisions of this Auct o t. with Repealed 4–7. [Repealed by Act No. 3 of 2016 s. 8A.] ute d tribs Remuneration 8.–(1) Every member of the Court and everoyr dpi erson, other than and expenses counsel for the defence, discharging dceud ties connected with proceedings before the Court shall breod p u aid such remuneration or allowances as the Minister ma ep ey r, by notice published in the Gazette, determine. y b (2) The remuneration ko m a o r allowances to be paid under subsection (1) shall be ois fb osuch amount as may be sufficient to cover the cost of boarf dth o , lodging, transport and travel likely to artbe incurred. p . N o Seals of Court 9. The Courvret d shall use distinctive stamps and seals of such nature a n e reds pattern as the Chief Justice may direct. ts igh Administration of 10 r A.–ll (1) The Chief Justice shall make such manpower Court naiar . rangements as he may consider appropriate for ensuring the a an z smooth co-ordination of the affairs of the Court. T t o f (2) For purposes of this section, the Chief Justice may select n me public officers employed in the Judiciary and assign to them rn ve such duties as he may determine for purposes of ensuring the o 5 G proper and efficient functioning of the Court. 2 ©20 (3) The Chief Justice may, issue such directions as he may determine for the guidance of all officers, or a category of them, in the performance of duties in relation to matters arising under or connected with this Act and such directions shall be under the hand of the Chief Justice. 55 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Jurisdiction and Functions Powers and duties 11.–(1) The Court shall have power to inquire into economic of Court Act No. offences alleged to have been committed, and to make such 12 of 1987 s. 5 decisions and orders for purposes of this Act as it may in each G. case find fit and just. f O A (2) Allegations of commission of any economic offence may o io n be brought to the attention of the Court through- ss mi (a) the reference by any court subordinate to the High tC r peourt, with copies of records being sent to the Directoirth oo uf Public Prosecutions, of any case involving economdi cwe offence or t offences previously instituted before thattri bc uourt; (b) the institution of proceedings beforr ed isthe Court by the Director of Public Prosecutions oerd boy his representative c Cap. 20 duly appointed in accordanc u roed with section 83 of the Criminal Procedure Act. re p (3) Where the Court finds ayn ba ye accused person guilty of the economic offence charged itk m ay pass such sentence on him as o it deems fit and just in ths eb ocircumstances of the case, subject to i this Act, and explain tf otho him his right of appeal. (4) Where thep aC rt ourt finds any accused person not guilty of the offence cNho . arged or of any alternative economic offence disclosed byrv eth d e evidence adduced it shall forthwith acquit and order th se ere release of that person. gh ts Power to refer 12A.–ll r(i1) Where the Court decides that an alleged economic matters to other a. Courts noi ffence is in fact not an economic offence which it has a Act No. an z jurisdiction to try, it shall order that proceedings in respect of 12 of 1987 s. of 6T t that offence be instituted in such court as it may deem proper enm to order, but shall make no order in relation to the accused ve rn person save for bail if an application is made in that behalf. 5 G o (2) Where the Court decides that it has no jurisdiction 20 2 © and makes an order under subsection (1), the accused shall be deemed to have been discharged for the purposes of proceedings before the Court, but the discharge shall not operate to preclude the arrest of the person for purposes of proceedings in relation to him before an appropriate competent 56 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] court in respect of the same facts on which he was brought before the Court. (3) The Director of Public Prosecutions or any state attorney duly authorised by him, may, in each case in which he deems . it necessary or appropriate in the public interest, by certificate OAG under his hand, order that any case involving an offence triable n o f by the Court under this Act be tried by such court subordinatseiois to the High Court as he may specify in the certificate. ermp (4) The Director of Public Prosecutions or any state autto t orney duly authorised by him, may, in each case in which ithh w e deems d it necessary or appropriate in the public interesbtu, t eby certificate under his hand order that any case instituted ri dios tr to be instituted before a court subordinate to the Higdh o r Court and which involves a non-economic offence or bdout che an economic offence and a non-economic offence, be insptroe ituted in the Court. (5) Where a certificate is isseu r b ed under subsection (3), it shall be lodged in the court c omnaycerned, and shall constitute full authority for, and confer juoo k b risdiction upon, the court in which it is lodged to try the cthai ss e in question. (6) Where a perso onfrt tried by a court subordinate to the High Court pursuant o tpo a the preceding provisions of this section is found guiletdy . Nby that court, the court shall impose on that person these sr ventence provided for by this Act. re hts Place of sittings 13. l Thrig e proceedings of the Court shall be conducted in any l bau. A i ilding or room in which the sittings of the High Court are anz ordinarily held or, subject to the directions of the appropriate n f T a judicial authority, in such other place which is different from, o en t but is fit for use as, a court room. m ern oDvisclosure 14.–(1) A member shall not sit on the Court for the hearing 5 Gof interest of 02 member and determination of any matter in which he has any interest ©2 other than that of seeing to the eradication of economic and organised crime through lawful means. (2) A member who has an interest in the matter shall inform the presiding Judge of his interest before taking the oath for 57 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] the purposes of the case, and the Judge shall cause a summons to be sent out for another person to replace that member. Privilege of 15.–(1) Save as is expressly provided by this Act, no act or thing proceedings done or omitted by a member shall, if done or omitted bona AG. fide in the exercise of his judicial functions under this Act, of O render such member criminally liable for such act or omissiosnsi. on (2) An advocate or other person appearing beforee i rmthe Court on behalf of a party shall have the same prott epou ction and immunity as an advocate has in appearing for i w a th party in ordinary proceedings before the High Court. ute d (3) Subject to this Act, a person summoisntre ibd to attend or appearing before the Court as a witness d d o srhall have the same protection, and shall, in addition to utche e penalties provided by this Act, be subject to the samepr ol diabilities, in any civil or criminal proceedings, as a witnebse sre in ordinary proceedings in the High Court. y k m a o Repealed 16. [Repealed by Act Nois .b 3 o of 2016 s. 8B.] th of Reports from 17.–(1) The Reg rt piastrar and each Deputy Registrar shall at Court Act No. intervals of six. m o N onths, prepare and submit to the Minister a 3 of 2016 s. 8C report specifeyd erv ing- (a) threes total number of economic offences brought before ts rig h the Court for trial; A(ll. b) the number of each type of economic offences inquired nia za into; anT (c) the number of persons tried for commission of each t o f type of economic offence; en nm (d) the orders made by the Court in the trial of each er ov economic offence; G 25 (e) any recommendations for the control or eradication of 20© any economic or other crime or crimes; and (f) any other matter which the Minister may require the Registrar to report upon. (2) The Court may, in any appropriate case, after the trial, submit a special report to the Minister- 58 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (a) concerning non-criminal or professional misconduct, abuse or misuse of office involving economic or organised criminal activity by any public official as the basis for a recommendation of his removal or . disciplinary action being taken against him; OAG (b) regarding the state and conditions of economic and of organised criminal activity within the area of thseio n is jurisdiction of the Court, ermp and the Minister shall act upon the report in accordanuct o e with relevant law. ith w ute d Contempt of 18.–(1) A person who- tribs Court i Act No. (a) willfully disobeys any lawful oor rdder, process or 12 of 1987 s. 8 requirement issued by the Courcte;du (b) publishes any proceedings orpr ro deport of the Court or any part of it contrary to an ober dreer of the Court prohibiting publication; ay m (c) discloses or publish ooe ks a report of the evidence taken or deliberations ofh tish be Court held in camera or directed to t be withheldr tf orfom publication; (d) within tho ep apremises in which any proceeding of the Court di.s N being held or taken, or within the precincts of thoesrev e s premises, shows disrespect, in speech or manner, tst or e or with reference to that proceeding; ( gh le ri) within the premises in which any proceeding of the . A l ia Court is being held or taken, and in the face of the n za Court, conducts himself, in speech or manner, so as Tan f to be likely to threaten any witness or to disrupt the nt o e proceedings of the Court; rnme (f) with a view to preventing the giving of evidence or Gov production of any thing before the Court, does any act 250 intended or likely to intimidate a person summoned ©2 from giving evidence or producing the thing; (g) with a view to punish or victimise a person, does any act to him after that person has given evidence or produced anything before the Court, which injures or is likely to injure that person or his property; 59 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (h) publishes anything in any manner which scandalises or is intended or likely to scandalise the Court; or (i) wilfully publishes or does any thing which is intended or tends to prejudice the fair trial of any person before . the Court, OAG commits an offence of contempt of the Court and on of n conviction shall be liable to imprisonment for five months o io issr to a fine of not exceeding three thousand shillings. ermp (2) Save as is provided in section 19, all offences of count o tempt against the Court shall be triable by the district cou ith d w rt. ute Power of Court 19.–(1) When any offence under section 18is tirs ib committed in in relation to contempt the face of the Court, the Court may caus oer dthe offender to be detained in custody, and at any time ubcee dfore the rising of the Court on the same day may take pcro dgnisance of the offence and sentence the offender to a bfie nree of five hundred shillings or, in default of payment, to y m iamprisonment for one month. (2) Without prejudice otoo k section 18, the Court shall have power to punish by finhei so br imprisonment such contempt of its f tauthority as- rt o (a) misbehavoi po aur of any kind by any person in its face or so near tod. i Nt as to obstruct the administration of justice; (b) miss e ebrvehaviour of any of the officers of the Court in their tso rffi e cial transactions; or (lc h ri)g disobedience or resistance to its lawful authority. . A l ia za n PART III anT of INVESTIGATION OF ECONOMIC CRIMES en t ern m v Investigation Process o 25 GApplication 20.–(1) Except as is provided in this Part, and in any other 20 of Criminal © Procedure Act written law creating an economic offence in respect of which the Court has jurisdiction by virtue of this Act, the investigation of all economic offences triable by the Court shall be conducted in accordance with the provisions of the Criminal Procedure Cap. 20 Act, subject to the following provisions of this section. 60 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (2) Where in relation to any offence which is an economic offence under this Act, the law creating the offence expressly provides for specific acts to be done in the process of investigation, those acts shall be done in accordance with that . Cap. 20 law to the extent only to which that law derogates from the AG O provisions of the Criminal Procedure Act. n o f (3) Where after the Court commences the hearing of an io issy case it appears that some further investigations ought teormp be done in order for the Court to reach a just decision, th t oeu Court may, on its own instance or that of the prosecut th wini g officer, d adjourn the proceedings and order that invueteb stigations or further investigations be carried out into andyis tmri atter or aspect of it and a report on the investigationsd bo re furnished to the Court within such time as it may spec ce diufy. (4) Where at the end of the triparoe l the Court convicts the accused and decides that a cu r bsetodial sentence be imposed, the period of adjournment fmo ary further investigations shall, if the accused person be in ok bcoustody, be taken into account for the purposes of determin is ithng the length of the custodial sentence to be imposed. of art o p Personnel for 21.–(1) The i N dn. vestigation of all economic offences reported investigation to the pol e siecr ve shall be conducted by police officers, with the assistanc reets of such public officials or category of public officials as m h l riagy be designated by the Director of Public Prosecutions l aiaft. Aer consultation with the Director of Criminal Investigation za nand by order published in the Gazette. n f T a (2) Where in accordance with any other written law the t o en investigation of any economic offence or category of economic m ern offences, is ordinarily conducted by public officials other than Gov police officers, then for the purposes of this Act the term “police 250 officer” shall include any public officials in the discharge of ©2 functions in pursuance of this Act. 61 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Search for 22.–(1) Where a police officer is satisfied that there is and seizure of property reasonable ground for suspecting that there is in any building, Act No. vessel, carriage, box, receptacle or place- 12 of 1987 s. 9 (a) anything with respect to which any economic offence . has been committed; OAG (b) anything in respect of which there are reasonable of n grounds to believe that it will afford evidence as to tihsse io commission of any economic offence; rm pe (c) anything in respect of which there are reaosu to nable grounds to believe that it is intended to be uwsite h d for the d purposes of committing any offence, bu te and that any delay would result in the remo tr dvisali or destruction of that thing or danger to life, or properdt oy r he may search, or issue a written authority to any polidcue ce officer under him to search the building, vessel, carriageep, r obox, receptacle or place. (2) Whenever any search i r bse made or any such written authority is issued, the polic me aoyfficer concerned shall, as soon as practicable, report the k bios osue of the authority, the grounds on which it is issued and tthh is e results of any search made under it, to a district magistrrt ao fte within whose area of jurisdiction the search is to be moa pd ae or was made. (3) Whered . N e anything is seized after a search conducted pursuant tsoer vthis section, the police officer seizing it, shall- (a) tsf r e h orthwith or as soon as it is practicable evaluate or g ll r i cause the property to be evaluated so as to ascertain its . Aia value; n nz a (b) issue an official receipt evidencing such seizure and a of T on which the value of the property as ascertained and nt e bearing in addition to his signature, the signature of the ern m owner of the premises searched and that of at least one v G o independent person who witnessed the search. 5 20 2 (4) Where at any stage of the investigations it appears that © anything seized is not related to any economic or other offence in respect of which any person is or is to be charged, the police officer in charge of the case shall forthwith cause the thing to 62 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] be restored to its owner and shall in no case detain it longer than is necessary. (5) A person who being empowered by law to order, authorise or conduct the search of a building, vessel, carriage, . box, receptacle or place, exercises such power without having OAG Cap. 16 a reasonable ground, commits an offence of abuse of office in n o f terms of section 96 of the Penal Code. io iss (6) Where in the course of a search conducted undepre rmthis section any premises or part of such premises are puotu t under the custody of the police, then at least two locks o i wr thpadlocks d shall be fixed to the external doors of such prebmu teises, and the keys for one lock or padlock shall be kept sbtr i di y the owner or occupier of the premises or his agent whod soh r all be specified for the purpose. ce du pro Disposal and 23.–(1) Where before the insbteit ruetion or determination of forfeiture of property proceedings before the Couratym it appears to the Inspector- Acts Nos. General of Police or a pers k oo n authorised by him in writing, or 12 of 1987 s. 10; 6 of 2012 s. 27 to the Court, that any pirso bh perty seized under this Act or put in t evidence in proceed ionf rt gs before the Court is subject to speedy decay or that foro a pn ay other reasonable cause it is necessary that it be sooner d N d. isposed of, the Inspector-General of Police or the Court, arvsese the case may be, may cause or order that, subject to substse rc etion (8), that property be destroyed, disposed of or deall tri gw h ith in such manner as Inspector-General of Police or th. eA l ia Court may specify. za n (2) Where, before the institution or determination of n f T a proceedings, any property is destroyed, disposed of or dealt t o en with in any other manner, other than the manner referred to ern m in section 24(4), in pursuance of subsection (1), a certificate v G o signed by the Inspector-General of Police or any person 02 5 authorised by him in writing shall in the absence of proof to ©2 the contrary be conclusive evidence of the reasons, the manner and the circumstances in and the value for, which the property was disposed of or dealt with, and shall be considered to be the rightful value of the property for purposes of this Act. 63 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (3) Where a person is convicted of an economic offence and the Court is satisfied that any property which was in his possession or under his control at the time of his apprehension- (a) was used for purposes of committing or facilitating the . commission of the offence; OAG (b) was intended by him to be used for that purpose; or f n o (c) was otherwise involved in the commission of t io ihsse offence; and pe rm (d) was so used or involved in the commissionou to f the offence with the knowledge or consent of its oith w wner, d the Court shall make an appropriate te buorder under subsection (1). tri dis (4) Where the Court is satisfied thatd aorn y property which was in the possession of a person charg e due cd with but acquitted of an economic offence, at the time ofe ph rois apprehension- (a) was used for the purposese b or f committing or facilitating the commission of the aoy m ffence; or (b) was otherwise in ok bovolved in the commission of the offence, is th whether or not it wrta os f so used or involved in the commission of the offence w a Noi pth the knowledge or consent of the owner, the Court sh . ead ll, subject to subsection (5) make an order in respect ofs tehr ve property under subsection (3). e (5) htWs r here the person charged with but acquitted of an ecolnl roi gmic offence as referred to under subsection (4) is not the ow. Aia ner of the property, no order shall be issued in respect of an nz the property unless the owner, if he is not charged, is given Ta of an opportunity to show cause why an order by the Court in nt e respect of the property should not be issued, and if he is not m ern before the Court and his whereabouts cannot immediately be ov G ascertained, the Court may order the Inspector General to 5 20 2 issue a notice in terms of subsection (2) of section 24 and the © provisions of subsections (3), (4), (5) and (6) of that section shall apply as if that owner had absconded. (6) Facilitating the commission of an offence shall be taken, for purposes of this section, to include the taking of any steps 64 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection. (7) An order under subsection (3) shall operate to deprive . the offender of his rights, if any, in the property to which it OAG relates, and the property shall, if not already in their possession, n o f be taken into the possession of the police. io iss (8) Where the Court makes an order under subsectioenrmp (3) in respect of any property, the property may be kept outr o sold, and the same or the proceeds of its sale shall be paidith w into and d form part of the Consolidated Fund. bu te (9) Where before or after the determinatioisntr i d of proceedings before the Court any property seized or pu otr d in evidence is sold or disposed of in any other manner, exduc ceept where the property is sold or disposed of in any other mepa ronner in a shop or through any other public marketing util ibtey r or organ, no public official having any duty to perform imn a yconnection with the sale of any property under this Act sbhoa okll directly or indirectly purchase or bid for the property. thi s (10) A property rdt ois f posed of or in respect of which an order is made by the C a oo purt under subsection (3) shall not be sold by public auctio . end. N (11) Fosre rt vhe purpose of this section- e “ownehrts” r includes a person who has interest in that property all nri gd includes a third party; “ A iap. roperty” includes the property originally in the possession or an nz under the control of the accused person or any property into Ta of or for which that original property is converted or exchanged, en t or anything acquired by such conversion or exchange, m ern whether before or after the accused was apprehended. ov 5 G 02 Disappearance of 24.–(1) Where the Inspector-General of Police is satisfied that ©2 suspect Act No. any person under arrest or liable to be investigated, searched 12 of 1987 s. 11 or arrested in connection with any reasonable suspicion of the commission of an economic offence or who is on bail during trial or pending appeal for an economic offence has absconded 65 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] to any place outside the United Republic or, within the United Republic, concealed himself so that he may not be searched, arrested or otherwise investigated as to the alleged commission of the economic offence in question, the Inspector-General of . Police may cause investigation measures to be taken in relation AG to the premises and the property previously in the possession, of O n occupation or under the control of the suspect but abandoniessd io by reason of his abscondence. ermp (2) Where, upon the completion of measures toauk t en in pursuance of subsection (1), the commission of an w ie thconomic d offence is revealed for which the suspect wobuu tled have been prosecuted before the Court but for his asbtr i di scondence, the Inspector-General of Police shall, by publidc oa r tion in the Gazette, give notice to the general public of nouced t less than twenty-one clear days, that he intends to submepi rot the property before the Court for it to make orders in relea trion to the property or other goods involved. ay b m (3) Upon the expiratio k bon o of the period of the notice under subsection (2), the Ins thp isector-General of Police shall prepare and lodge with the rC f t oourt a certificate stating- (a) the nameo op af the absconding suspect; (b) the add. N e ress of his deserted residence or the premises inveorlvved; es (c) tst rh he details of the property abandoned involving or in l ri g l respect of which an economic offence is alleged to have . Aia been committed; and an nz (d) a sketch of the evidence envisaged to be relied upon by f T a o the prosecution where the suspect is found and charged nt e before the Court. rnme (4) Where upon receipt of certificate lodged with it ov G in pursuance of subsection (3) and after considering any 25 20 representations made after the notice was given, the Court © is satisfied that the evidence envisaged to be relied upon as revealed to the Court would have been sufficient to disclose a criminal offence connected with the absconded suspect, it shall proceed to make orders such as may be made under 66 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] section 23(3) in respect of the property or part of the property or goods left by the absconded suspect. (5) Where an absconded suspect subsequently returns to the United Republic or reveals his whereabouts within the . United Republic, he may be arrested and charged with the OAG economic offence with which he would have been charged had of n he not previously absconded. io iss (6) Notwithstanding any written law for the time beipne rgm in force in the United Republic and whether or not the abosuc to nded suspect subsequently reappears in the United Re wpi tuh blic, no d action, claim or demand of any kind shall be inbus tteituted in any Court against any person in relation to any p r disr toi perty or goods forfeited or disposed of by an order of the oCr d ourt in pursuance of the provisions of this section. e du c proe The Decision t r boe Prosecute ay Director of Public 25.–(1) In this Part, the termk m“Director of Public Prosecutions” Prosecutions to be informed of includes any public officsi ab ol oor officials specified by the Director occurrences and of Public Prosecutioonf tsh iby notice published in the Gazette to to give directions whom he has deleagrp at ted any of his functions for the purposes of this Part of t o d. hNis Act. (2) Whenrve ver- (a) a r ep seolice officer in charge of the conduct of criminal igh tsinvestigations in a region; or A(llb r ) a person in charge of a department of Government or ia. an other public authority empowered by any written law nz Ta to conduct investigations into any offence or category t o f of offences triable under this Act, en nm is informed of the occurrence of an economic offence in the ve r o region or any other area within which he or his department 5 G2 or public authority has jurisdiction, he shall forthwith 20© communicate to the Director of Public Prosecutions, in addition to any other person whom he is required by law to communicate, any intelligence affecting or relating to the occurrence and to investigations connected with any economic offence arising from it. 67 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (3) The Director of Public Prosecutions may, whenever it is necessary in his opinion for a successful completion of investigations in any case the occurrence of which has been previously communicated to him, give such directions and . advice on the matter as he may deem appropriate or proper in AG the circumstances. of O ion iss Consent of 26.–(1) Subject to the provisions of this section, no triarml in Director of Public pet Prosecutions for respect of an economic offence may be commenced unouder this prosecutions Act save with the consent of the Director of Public Pro th w isecutions. (2) The Director of Public Prosecutions suhtea d ll establish and maintain a system whereby the processt riobis f seeking and obtaining of his consent for prosecution d osr may be expedited and may, for that purpose, by notice p d uucbe lished in the Gazette, specify economic offences the proprsoe dcutions of which shall require the consent of the Direcet b orer of Public Prosecutions in person and those the power omf ac yo nsenting to the prosecution of which may be exercised byoo ks uch officer or officers subordinate to him as he may speci hfiys bacting in accordance with his general t or special instructio f rtn os . (3) The Direc a ot opr of Public Prosecutions shall have and may exercise in rel.a Nd tion to prosecutions under this Act the same power wh rv sieche is conferred on him in respect of public and Cap. 20 private r t sp r eosecutions by the Criminal Procedure Act. gh 27A. ll ri Repealed . [Repealed by Act No. 1 of 2008 s. 37.] ia za n n Ta PART IV of en t PROCEDURE PRIOR TO AND DURING TRIAL ern m BEFORE THE COURT Gov 02 5 2 Preliminary Procedure © Application 28. Except as is provided in this Part to the contrary, of Criminal Procedure Act the procedure for arraignment and for the hearing and Cap. 20 determination of cases under this Act shall be in accordance with the provisions of the Criminal Procedure Act. 68 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Procedure on 29.–(1) After a person is arrested, or upon the completion arrest Acts Nos. of investigations and the arrest of any person or persons, in 12 of 1987 s. 12 respect of the commission of an economic offence, the person 3 of 2011 s. 30 3 of 2016 s. 9 arrested shall as soon as practicable, and in any case within not . 1 of 2022 s. 35 more than forty-eight hours after his arrest, be taken before the AG 11 of 2023 s. 28 O district court and the resident magistrate court within whose f n o local limits the arrest was made, together with the charge upo io issn which it is proposed to prosecute him, for him to be deal rm pte with according to law, subject to this Act. ut o (2) Whenever a person is brought before a diswtirt h ict court d or resident magistrate court pursuant to sbuu tbesection (1), the magistrate concerned shall read over adnisd tri explain to the accused person the charge or charges set ouotr d in the charge sheet in respect of which it is proposed to prdou cseecute the accused, but the accused person shall not be req r eup iored to plead or make any reply to the charge. e r b (3) After having read an y md a explained to the accused the charge or charges the mboa ogk istrate shall address to him the following words or wo is trhds to the like effect: “This is not your trtr oi fal. If it is so decided, you will be tried later in the C a oo prruption and Economic Crimes Division of the High C.o Ned urt, and the evidence against you will then be adducesder. v You will then be able to make your defence and call ws r e ht itnesses on your behalf ”. (4 ri)gll After the accused has been addressed as required by s A iau. bsection (3) the magistrate shall, before ordering that he be an nz held in remand prison where bail is not petitioned for or is not Ta of granted, explain to the accused person his right if he wishes, to en t petition for bail and for the purposes of this section the power rnme to hear bail applications and grant bail- ov G (a) between the arrest and the committal of the accused for 5 20 2 trial by the Court, is hereby vested in the district court © and the court of a resident magistrate if the value of any property involved in the offence charged is less than three hundred million shillings; 69 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (b) after committal of the accused for trial but before commencement of the trial before the Court, is hereby vested in the High Court; (c) after the trial has commenced before the Court, is . hereby vested in the Court; AG (d) in all cases where the value of any property involved in of O n the offence charged is three hundred million shillinisgss io or more at any stage before commencement of thee rtmp rial before the Court is hereby vested in the High C t ouourt. (5) After a person is committed to remand p wrii thson by a d district court and the resident magistrate courutteb or after the investigations have been completed but befdoisr trei the suspect is arrested, the police officer, or other publoirc d official in charge of the relevant criminal investigation e dus c under this Act, shall forthwith cause the statements in ro ep quintuplicate of persons intended to be called as witnes r bse s at the trial to be properly typed out, conveniently comma pyiled and sent, along with the police case file, to the Dibroe ock tor of Public Prosecutions or any other public official dehsiisg t nated by him in that behalf. (6) Where the rtD o firector of Public Prosecutions or that other public offioc pi aal, after studying the police case file and the statement N eds . of the intended witnesses, is of the view that the evidenecrs ev available is insufficient to warrant mounting a e prosechu r tst ion, or it is otherwise inadvisable to prosecute, he shall immll rei gdiately enter nolle prosequi; unless he has reason to believe tiah. a At further investigations can change the position, in which an nz case he shall cause further investigations to be carried out. of Ta (7) Where the Director of Public Prosecutions or that nt e other public official, after studying the police case file and m ern the statements of the intended witnesses, decides that the ov G evidence available, or the case as such, warrants putting the 25 20 suspect on trial, he shall draw up, or caused to be drawn up, an © information in accordance with law, and when signed by him, submit it, together with three copies each of the statements of witnesses sent to him under subsection (5), in the registry of the Court. 70 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (8) After an information is filed in the Court, the Registrar shall endorse on or annex to it and to every copy of information, notice of trial, and cause a copy each to be delivered to the district court in which the accused was first presented, as well . as to the Director of Public Prosecutions or other officer filing G OA the information. f ion o iss Committal for 30.–(1) Upon receipt of the copy of the information andr mthe trial by Court e notice, the district court shall summon the accused t p o uperson from remand prison or, if not yet arrested order his w ai thrrest and appearance before it, deliver to him, or to his cuoteu dnsel a copy of the information and notice of trial delivetrribis ed to it under section 29(8), and commit him for trial b yor tdhe Court; and the committal order shall be sufficient authoeduc rity for the person in charge of the remand prison concerpnroe dd to remove the accused person from prison on the spec re biefied date and to facilitate his appearance before the Court. ay m (2) The Registrar of theo oH k igh Court shall be responsible for summoning all witneshsies sb for the prosecution as well as those t intended to be callertd o fb y the defence. pa Information 31.–(1) An in o df. o Nrmation shall contain such particulars as are necessary etorv e give reasonable information as to the nature of the offenrecss e or offences including a statement of the law and the srieg hcttion, or other division of it, under which the accused pe. Ar lsl on is charged. nia za (2) An information shall be brought in the name of the Tan Republic. of nt (3) An information may contain more than one offence if e rnm the offences charged are founded on the same facts or form e ov part of a series of offences of the same or similar character, 5 G 02 but where more than one offence is contained in the same ©2 information it shall be separately stated. (4) The following persons may be joined in one information and may be tried together, namely- (a) persons accused of the same offence committed in the course of the same transaction; 71 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (b) persons accused of aiding or of an attempt to commit the offence charged; or (c) persons accused of different offences committed in the course of the same transaction. AG. Address of 32. After the accused person has pleaded guilty to the charge f Oo accused to be recorded read to him in the court under this section the court shall obtasisni o n Act No. from him his permanent address and shall record and kee i 4 of 1991 Sch. pe prm it. o[us t. 31A] ith Admission by 33.–(1) Where the accused person admits thet etdr wuth of the accused information, or of any economic offence in ittris ,b uhis admission shall be recorded as nearly as possible in h diior s own words and then read over to him; and any amendmd ce ent or corrections by the accused shall also be recorded. u rod (2) After an accused person pleea p reds guilty to the information, the Court shall require thea yp brosecuting officer to give a brief description of the aokc mtual facts and other particulars constituting the offence b ois which the accused person admits to have committed, oaf tnh d at the end ask the accused person t whether or not h r pea agrees with the facts and particulars and what alteratiodn. Ns,o if any, he would like to be made. (3) Afteerr vt ehe particulars of the offence or offences which the accuseds rp eserson admits to have committed have been settled, the C t rigo hurt shall convict the accused person of the offence or off. Ae llnces which he admits, and then proceed to pass sentence on n za hiaim, except that where the Court is satisfied that it is desirable n Ta that the passing of the sentence be deferred it may for reasons t o f n to be recorded, defer the same until some other time. me rn [s. 32] veo 25 GDenial by accused 34. Where the accused person does not admit the truth of ©20 the information or of any economic offence in it, the Court shall enter a plea of not guilty to that information or offence and proceed to the preliminary hearing in accordance with section 35, after which the Court shall hear the evidence of the witnesses for the prosecution and, if he so wishes, of 72 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] the accused person and his witnesses; but where, during the preliminary hearing or the trial, the accused admits the truth of the information, or of any economic offence in it, the Court shall follow the procedure prescribed in section 33. . [s. 33] AG of O Preliminary 35.–(1) Notwithstanding the provisions of any other writte ion hearing ssn law, if an accused person pleads not guilty, the Court i esrmhall as soon as practicable hold a preliminary hearing int pou open court in the presence of the accused and, where t ith hwe accused is represented, his advocate, and of the prosecuutein d g officer to establish matters relating to the charge whichi satrr ibe not in dispute so as to promote a fair and expeditious tri aorl .d (2) At the conclusion of the preliminucaer dy hearing held under this section the Judge shall prepaprreo da memorandum of the matters agreed as not disputed,b er eread it over and explain it to the accused in a language th maayt he understands, and have it signed by the accused ando,o kif represented, his advocate and by the prosecuting officer aisn bh d then filed. t (3) A fact or documof rt ent admitted or agreed in a memorandum filed under this spao ection, whether such fact or document is mentioned ind t.h Ne summary of evidence or not, shall be deemed to have beeernv e s duly proved and it shall not be necessary to call witnesse rsets to prove it; but if during the course of the trial the Coul rrigt h is of the opinion that the interests of justice so demand, l iiat. m A ay direct that a fact or document admitted or agreed in a n za memorandum filed under this section be formally proved. an f T (4) Wherever possible, the accused person shall be tried nt o e during the sessions of the Court at which he is charged, and ern m if a case be adjourned after the preliminary hearing to a date ov G more than a month later due to the absence of witnesses or any 02 5 other cause, nothing in this section shall be read as requiring ©2 the same Judge who held the preliminary hearing under this section to preside at the trial. (5) The Minister may, after consultation with the Chief Justice, make rules to be published in the Gazette for the better carrying out of the purposes of this section and without 73 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] prejudice to the generality of the power of the Minister, the rules may provide for- (a) delaying the summoning of witnesses until it is ascertained whether they will be required to give . evidence on the trial or not; OAG (b) the giving of notice to witnesses, warning them that of n they may be required to attend the Court to gi io ivsse evidence at the trial. erm ut p o [s. 34] ith w Bail 36.–(1) After a person is charged but before h d uete is convicted Acts Nos. 12 of 1987 s. 13; by the Court, the Court may on its own mtribis otion or upon 10 of 1989 Sch.; an application made by the accused persr od o n, subject to the 27 of 1991 Sch.; 17 of 1996 Sch.; following provisions of this section, admed uc it the accused person 3 of 2016 s. 10 to bail. pro d (2) Notwithstanding anythin e beg r in this section contained, a person shall not be admimtt aeyd to bail pending trial, if the Director of Public Prosecu k otoio ns certifies that it is likely that the safety or interests of thehi sR bepublic would thereby be prejudiced. (3) A certificate is f t rt soued by the Director of Public Prosecutions under subsectiono p ( a2) shall take effect from the date it is fixed in court or nodt. i Nfied to the officer in charge of a police station, and shall r e seerm v ain in effect until the proceedings concerned are concluds er e t d or the Director of Public Prosecutions withdraws it. (l4i)g h r The Court shall not admit any person to bail where- l a. A i (a) it appears to it that the accused person has previously anz been sentenced to imprisonment for a term exceeding n f T a three years; nt o e (b) it appears to it that the accused person has previously rnme been granted bail by a court and failed to comply with v G o the conditions of the bail or absconded; 5 02 (c) the accused person is charged with an economic offence ©2 alleged to have been committed while he was released on bail by a court of law; (d) it appears to the court that it is necessary that the accused person be kept in custody for his own protection or safety; 74 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (e) the offence for which the person is charged involves property whose value exceeds ten million shillings, unless that person pays cash deposit equivalent to half the value of the property, and the rest is secured by . execution of a bond; or OAG (f) he is charged with an offence under the Drug Control of Cap. 95 and Enforcement Act. sio n is (5) Where the Court decides to admit an accused ppee rmson to bail, it shall impose the following conditions on otuh t e bail, namely- ith d w (a) where the offence with which the per te bsuon is charged involves actual money or property wh ri diso tse value exceeds ten million shillings unless that pe r dr oso n deposits cash or other property equivalent to hda e uclf the amount or value of actual money or propertpyroe involved and the rest is secured by execution of ae b rond: Provided that, where thea y b m property to be deposited is immovable, it shall be ok bsoufficient to deposit the title deed, or if the title deed is nhis t o t available such other evidence as is satisfactory to the co oufrt rt in proof of existence of the property; save that this proov pi asion shall not apply in the case of police bail; (b) appeaerda . Nnce by the accused before the Court on a spe rv secified date at a specified time and place; e (c) r htsurrender by the accused to the police of his passport ll r ig or any other travel document; and A ia. (d) restriction of the movement of the accused to the area n nz a of the town, village or other area of his residence. a of T (6) The Court may, in addition to the mandatory conditions nt e prescribed in subsection (4), impose any one or more of the m ern following conditions, namely- ov G (a) requiring the accused to report at specified intervals 5 20 2 to a police station or other authority in his area of © residence; (b) requiring the accused to abstain from visiting a particular locality or premises, or association with certain specified persons; or 75 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (c) any other condition which the Court may deem fit to impose in addition to the preceding conditions, which appear to the Court to be likely to result in the appearance of the accused for the trial or resumed trial at the . time and place required or as may be necessary in the interest OAG of justice or for the prevention of crime. of n (7) For purposes of this section, “the Court” includes eveirssy io court which has jurisdiction to hear a petition for and pge rmant bail to a person under charges triable or being trie t odu under this Act. with d ute [s. 35] ist rib Change of 37. Where an accused person has been a odr md itted to bail and circumstances d after grant of bail circumstances arise which, if the acuccue sed person had not Act No. been admitted to bail would, in the oropd inion of a law officer or 12 of 1987 s. 14 p a prosecuting officer, justify the re be Court in refusing bail or in requiring bail of a greater ammoauy nt, the court which granted the bail may, on the circumstankc oo es being brought to its notice by a law officer or prosecutihnis gb officer issue a warrant for the arrest t of the accused per f rst o n and, after giving the accused person an opportunity oo pf a being heard may commit him to remand prison to awad.i t N trial, but the accused person may appeal to the court sa e ergvainst the order of the magistrate, and the Court may, on re ts resumption of the trial, confirm the order or readmit himl rtigo h bail for the same or varied conditions and on such an l i A ian.creased amount as the Court may think just. an [s. 36] an z f T Arrest ofn pt oersons 38.–(1) A police officer may arrest without warrant any person contrmaveening bail prorvnisions who has been admitted to bail- oAvc et No. (a) where the police officer has reasonable ground for G12 of 1987 s. 15 02 5 believing that person is likely to breach the condition ©2 that he will appear at the time and place required or any other condition on which he was admitted to bail, or has cause to suspect that person is breaking or has broken any such other condition; or 76 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (b) on being notified in writing by any surety for that person that the surety believes that person is likely to breach the first mentioned condition and for that reason the surety wishes to be relieved of his obligation . as a surety. OAG (2) A person arrested under subsection (1)- f n o (a) shall unless he is arrested within the period of twent io isys- four hours immediately preceding an occasioner mp on which he is required by virtue of the conditionut o of his bail to appear before the Court, be brought th w ai s soon as d practicable after his arrest before a magisbtur teate who, after giving him an opportunity to be he tr daisrdi , may commit him to remand prison; and or d (b) in the excepted case, shall be b ce druought before the Court for resumption of trial, ep ro and when the court next sits it shea r b ll first consider the question of the alleged contravention a mofy bail conditions by the accused person. ok bo (3) Where the Cou is thrt is satisfied that a person arrested in accordance with subrt so fection (1) was preparing for or was in the act of leaving anoy pa area to which he was restricted by the Court as a conditiond . o N e f his bail, or was leaving the United Republic, it shall noste rc vonsider any appeal or petition by the accused for e any fuhrttsh r er bail in the same case. (ll4 ri) g Where a person admitted to bail absconds or fails to a A iap. pear before the court before which he is required to appear za n n on the date fixed and conceals himself so that a warrant of f T a o arrest may not be executed- en t (a) the trial in respect of that person before such court ern m shall continue, irrespective of the stage of trial when v G o the accused absconds, after sufficient efforts have been 02 5 2 made to trace him and compel his attendance; and © (b) such of the property, movable or immovable, involved in the alleged commission of the economic offence or in respect of which the economic offence is alleged to have been committed may, if the economic or other 77 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] criminal offence is disclosed to be connected with the absconded or untraced accused, be forfeited to the United Republic as if the accused were an absconded suspect in terms of section 24. . [s. 37] AG of O n Procedure During Trial ss io mi Expedition of 39.–(1) Upon the conclusion of the preliminary hearin pge r the actions t Court shall in all proceedings take all necessary tmho u i easures to ensure the early and just determination of cads we es brought before it. t trib u (2) The Director of Public Prosecutri s doins may, in any proceeding before the Court, file a certifi ecdaote stating that in his opinion the case is of immense or ge uc ond eral public importance; r and the certificate shall forthwith rebp e brought to the attention of the Court. be may (3) Upon receipt of a certki ficate filed pursuant to subsection (2), the Court shall assig o s nb othe case for preliminary hearing or for trial, as the case m th of ayi be, as soon as practicable, conduct its hearing and deterpm rti a nation, and cause the trial to be expedited in every way. o d. N rve [s. 38] e res Dismissal of 40. Ath tasn y stage of the proceedings the Court may, if satisfied charge thaAt g ll rithe accused person has no case to answer, dismiss the nciah . arge and acquit the accused person. za an [s. 39] of T Proceduenret on 41.–(1) Where after the prosecution closes its case the Court closren mof case for preosecution finds that the evidence for the prosecution establishes a case ov 5 G sufficient to require the accused person to defend himself 20 2 against the economic offence charged, it shall so inform the © accused person and require him to adduce evidence in his defence. (2) Where the Court is satisfied that the evidence adduced by the prosecution up to the close of its case is not sufficient to found a conviction of the economic offence charged, but that 78 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] it established a case in relation to a cognate offence which is an economic offence and for which the accused person may be convicted in the alternative, or if the case for the prosecution establishes other economic offences in addition to that charged, . the Court shall inform the accused of its finding and require G OA him to defend himself against the offence established by the of n prosecution instead of the offence charged, or against thoissse io other economic offences established by the evidence as wpee rlml as the offence charged. ut o (3) An accused person who elects to give evid ith ewnce in his d defence may do so either on oath or without t te bauking the oath, but shall in either case be subject to cross-exsatrdi mi ination by the prosecution as well as the Court. or d (4) Where an accused person whdou c eis required to defend himself elects with no apparent exceups roe not to say anything and, in addition, not to call any witn es r b s or witnesses, an inference adverse to him may be draw y mna , and the Court as well as the prosecution may comme k bno ot on his failure to give evidence in his defence. his t rt o f [s. 40] a o p Procedure on 42.–(1) Wherde. N a person charged with an economic offence defence of alibi intends tos reer vley upon an alibi in his defence he shall first indicate to the sC r e t ourt the particulars of the alibi at the preliminary heariingh r g. All ia. (2) Where an accused person does not raise the defence of za nalibi at the preliminary hearing, he shall furnish the prosecution Tan f with the particulars of the alibi he intends to rely upon as nt o e a defence at any time before the case for the prosecution is rnme closed. ov G (3) Where the accused raises a defence of alibi without 5 02 having first furnished the particulars of the alibi to the court ©2 or to the prosecution pursuant to this section, or after the case for the defence has opened, the Court may, in its discretion, accord no weight of any kind to the defence. [s. 41] 79 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Judgment and 43.–(1) After all the evidence has been heard, the Court shall sentence Act No. proceed to pass judgment and either convict and sentence or 3 of 2016 s. 10A acquit and discharge the accused accordingly. (2) A judgment shall contain the point or points for . determination, the decision on the point or points and the AG O reasons for the decision, and shall be dated and signed by the of n trial Judge or the majority Judges as the case may be. siois (3) Where on a question to be decided by a majority oefrp mthe Judges of the Court, any Judge holds the view which is doui tff erent from that of the majority, a minority opinion of a Juith w dge shall d be signed and dated and the Court shall informbu ttehe parties of the situation and be pronounced in open couisrtrd ti. (4) Where the Court acquits the acc du os red, it shall require him to give his permanent address fodru cseervice in case there is an appeal against his acquittal, andp rtoe he Court shall record or cause it to be recorded. r y b e m a [s. 42] k oo Alternative 44.–(1) When a perso b hnis is charged with an economic offence verdicts t and the Court is of otf rt he opinion that he is not guilty of that offence but is guoi lpt ay of any other economic offence cognate to the one chargde. Nd, the Court may convict that person of that other econseor vme ic offence although he was not charged with it. (2) Ws r e t here the Court is of the opinion that, in addition to the l ericg honomic offence charged, an accused person is guilty of l a A ian. y other economic offence or offences with which he could anz justly have been charged, it may, if it has previously complied n f T a with the provisions of section 41(2), convict that person of t o en the other economic offence or offences, if it would have been rnme just at law to charge him with the offence or offences together ov G with the one with which he is charged; save that previous non- 250 compliance with section 41(2) shall not invalidate a subsequent ©2 conviction under this section. [s. 43] Orders in respect 45.–(1) Where the Court convicts a person of any economic of property offence, it may make any order in respect of the property of 80 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] that person such as it has power to make in respect of property under section 23. (2) Notwithstanding the generality of subsection (1), the Court shall not make an order for the forfeiture of the property . of any person convicted of an economic offence if the property OAG in question or any part of it is not proved to have been involved of n at all in the commission or facilitation of the offence; ansdiois any such property or any part of it shall be disposed peo rfm in accordance with subsection (3) as if the owner or pe t ours on in respect of whom it had been seized had been acquit th d w tied. (3) Where the Court acquits a person of bau tney economic offence it shall order that any property in res ri disp t ect of which he was charged or which was involved in the o rc d harge or the value of that property be restored to him. uc e d (4) The Minister shall make reegpu rolations providing for the better and just disposal of propee r b rty under this section and, without prejudice to the gen meraay lity of the power of the Court such regulations may probvo oikde for the manner of the disposal of forfeited property as t hwis ell as property in relation to which no orders of forfeiture arrt eo fmade or intended to be made by the Court. pao [s. 44] d. N rve se Provisions Regarding Evidence re Application of 46. Eigxh tcsept as is expressly provided otherwise in this Act, Evidence Act r Act No. th eA ll rules of procedure for the production, reception and . 3 of 2016 s. 10B ane iavaluation of evidence and the manner of proving relevant nz Cap. 6 Ta facts in any proceedings under this Act shall be as is provided f nt o by the Evidence Act. rnm e [s. 45] ve 5 G o Manner of 47.–(1) Subject to compliance with the principles prescribed 02 obtaining and 2 sources of by this section, the Court may obtain or hear any evidence © evidence which is pertinent to the inquiry before it from such person or persons and in such manner as it deems necessary and just. (2) Subject to compliance with the principles prescribed by this section, the Court may receive any evidence which is worth of belief and is relevant and valuable for the just 81 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] determination of the inquiry whether or not the evidence in Cap. 6 question is evidence within the meaning of the term under the Evidence Act. (3) For the purposes of determining whether or not to . hear or receive any evidence or whether or to what extent, any AG O evidence received be relied upon in reaching its decision on n o f any matter, the Court shall take into account and be guided bsyiois the principle that- rm pe (a) no person should be involved in finally determut o ining, or be regarded as a witness whose evidencieth w may be d relied upon in finally determining, anuytb e issue where that person has any kind of persondias tlr i interest in the determination; or d (b) a person shall not be tried ford ua cney offence unless he is previously fully informed oefr p trohe intended accusation; (c) every person charged b beef ore the Court shall, unless he becomes disrupt imv aey or absconds, be afforded a reasonable opporbtou oknity to defend himself including facilitating theh is t attendance and appearance of his witness or rwt o iftnesses, without which opportunity he shall not ob pe a condemned; (d) the Ceodu . Nrt shall not do or omit to do any act or thing the dosienr vg or omission of which would impute bias against re htsor for any side in its decision. l ri g l [s. 46] ia. A Evidence on oathz a n48.–(1) The evidence to be adduced by all parties and their or affirmation n f T a witnesses in any trial or proceeding before the Court shall be nt o e given on oath or affirmation, except for a child of the apparent rnme age of or below fourteen years, who, in the opinion of the Court Gov does not understand the nature of the oath or affirmation. 5 02 (2) Depending on whether the person to give the evidence ©2 belongs to any religion or to none, the alternative forms of the oath and affirmation to be taken by all persons prior to giving any evidence before the Court for purposes of this Act shall be as prescribed in the Second Schedule to this Act. 82 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (3) A person who, after taking the oath or affirmation, proceeds to give any false testimony or which he knows to be untrue in any material particular shall be guilty of the offence of perjury and punishable for it by the Court in accordance . Cap.16 with the provisions of the Penal Code relating to that offence. G OA [s. 47] of ion ss Evidence in 49.–(1) The evidence shall be given in such order ase rmt ihe presence of t p accused and Court directs and, subject to section 50, the evidenceo ufor the examination prosecution shall be given in the presence of theith w accused Act No. 3 of 2016 s. 10C person. ted (2) Notwithstanding subsection (1)- trib u is (a) without prejudice to the power of the o Cr dourt to recall them, witnesses for the prosecution shaulcle g d ive evidence first; (b) subject to paragraph (c), if pthroe d accused person wishes to give evidence, he shall b ge ireve it before his witnesses do so; and may (c) the accused person skh oo all be afforded an opportunity of giving evidence b h iisn rebuttal of any evidence given, after t he himself hrta os f given evidence, by the witnesses for the prosecutioo pn a or witnesses called on the instance of the Court.d. N (3) The eCrv e s ourt as well as the accused person or the person appear re tisn g for him may put relevant questions to the witnesses for t h ll hrige prosecution. ia. A(4) The Court and the prosecuting officer may put relevant za nquestions to the witnesses of the accused person and, if he n f T a gives evidence, to the accused person. t o en (5) The accused person, or the person appearing for him, m ern and the prosecuting officer may, with the consent of the Court, ov G put questions to witnesses called by the Court. 02 5 (6) The Judge shall record the substance of the evidence of ©2 the witnesses for the prosecution, the accused person and his witnesses, and after each of them has given evidence, the Judge or Judges shall affix their signature at the foot of the evidence. [s. 48] 83 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Evidence in 50.–(1) The Court may allow evidence to be given before it in absence of accused the absence of the accused person where- (a) it considers that by reason of his disruptive conduct in the face of the Court it is not practicable for the G. evidence to be taken in his presence; OA (b) he cannot be present for reasons of health, other than of n mental health, but is represented by an advocate, oris sa io friend or relative and has consented to the evipdee rmnce being given in his absence; or ut o (c) after being admitted to bail he absconds orit w hconceals d himself such that a warrant of arrestb ui tne relation to him may not be executed, and the C r diso t ui rt proceeds in accordance with section 38(4)(b). d o r (2) Where an accused person ccedu onducts himself so disruptively in the face of the C r eopuort that the trial cannot proceed in an orderly manne br,e rthe Judge may cause him to be removed to another pmaa ryt of the court building and to remain there while the trioao k b l is in progress, and afford him an opportunity, at reasonthais b le intervals, of learning of the trial proceedings througrh f t o his advocate or other representative. (3) A disruptoi vp ae accused person removed from the court room shall, dw. N e hen informed of the trial proceedings, be informed aelrsvs o of the continuing opportunity for him to return e to the hctso rurt room during the trial upon his assurance of good behlla rvi giour; and he may be summoned to the court room at aiap. Apropriate intervals and have the offer to permit him to an nz remain there repeated in open court at each such interval. Ta of (4) For purposes of this Act, and for the avoidance of doubt, nt e the Court may deliver judgment in the absence of the accused m ern person if he conducts himself so disruptively such that a Gov judgment may not be conveniently delivered in his presence. 02 5 [s. 49] ©2 Interpretation of 51.–(1) Where any evidence is given in a language not evidence Act No. understood by the accused person, it shall be interpreted to 12 of 1987 s. 17 him before the Court in a language understood by him. 84 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (2) Before entering upon the duties of his office, an interpreter shall be sworn or affirmed by the court. [s. 50] Refractory 52.–(1) Where in any proceedings arising under this Act, the AG. witnesses Court is satisfied that a person summoned as a witness in the O of proceedings is, without lawful cause, refusing to comply witshio n s an order to answer any question put to him, to testify or proervmi ide other information, including producing any document,u rt e pcord, recording or other material, it may upon such refusaitlh o w or when the refusal is brought to its attention, summarilyut eo drder him to be confined at a suitable place until such timstri eib as the witness may be willing to answer the question, r gd o ive testimony or provide such information. ce d u (2) Confinement of a witness un d prdo er this section shall last for the duration of the trial of the rcebe ase concerned. (3) A person confined un y mdaer this Act may appeal against the order of confinement t k oo the Court of Appeal. (4) A person may beh gisr banted bail pending the determination t of his appeal; but n f rot o bail shall be granted if it appears that the appeal is frivolou a o sp, vexatious or taken for delaying tactics. (5) An appd.e Nal from an order for confinement under this section sh rv saell e be disposed of as soon as practicable, but in no case sha lrets l it remain undetermined for more than thirty days froml ri gt hhe day of its filing. . A l ia [s. 51] za n Protection of n Ta 53.–(1) Where he is satisfied on reasonable grounds that there witnesses of Act No. nt is any danger or real possibility of danger of interference with e 3 ofr n2m016 s. 11 any case under this Act through interference with or threats of ov e harm to any witness or potential witness, the Inspector-General 5 G 02 of Police may, on his own motion or after consultation with the ©2 Director of Public Prosecutions, arrange for the provision of security for the witness or potential witnesses concerned and, if necessary, the family or families of that witness or potential witness or witnesses. 85 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (2) Subject to subsection (1), the provisions of the Cap. 446 Whistleblower and Witness Protection Act, and any other relevant law shall apply in matters relating to witness protection under this Act. [s. 52] AG. O of Immunity of 54.–(1) Without prejudice to the provisions of any written lawio ns witnesses s conferring a right to refuse to disclose official secrets, wheerrme iin any proceeding arising under this Act, any witness reof p uut ses to answer any question on the ground that the answe th wri to it may incriminate him, or to testify or provide otherte du information on the ground that the information is priviletgribis ed or he is not authorised to disclose it, and the Court is o ro df the opinion that such is not the case, the Court may m e ucakde an order requiring the witness to answer the question, tperos dtify or provide that other information. re be (2) Where a witness is mrae yq uired to do so pursuant to subsection (1), he may nootk o refuse to comply with the order requiring him to answers ab question, to testify or to provide that thi other information, s f rta ove that no testimony or other information compelled undeor p athe order, or any information directly or indirectly der N di.v ed from such testimony or other information, may be userdvese against the witness in any criminal case, other than a re tsp rosecution for perjury, giving a false statement or othe h l rrigwise failing to comply with the order. l a. A i (3) Where it appears to any party to any proceedings za narising under this Act that any person who has been or may be Tan f summoned as a witness by him or the adverse party- nt o e (a) has refused or is likely to refuse to answer any question rnme to testify or provide other information on the basis of ov G his privilege against self-incrimination; or 250 (b) where the information is privileged, that the information ©2 to be produced from that person may be necessary to the public interest, that party may request that an order be made under subsection (1) compelling the person to answer a question, to testify or to provide such other information. 86 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (4) Where a person is required to answer any question, to testify or give such other information pursuant to subsection (3), the provisions of subsection (2) as to immunity shall apply to him in relation to his testimony. . [s. 53] AG of O Depositions 55.–(1) Where upon application by any party to anyio ns to preserve s testimony proceedings under or arising under this Act, it appears toer mt ihe Act No. Court or the district court, as the case may be, that p utd ue to 12 of 1987 s. 18 o exceptional circumstances it is in the interest of jwui tshtice that the testimony of a prospective witness for any p d utaerty be taken and preserved, it may, at any time after proceisetrd ibings have been instituted and after giving notice to the pa d or ties, order that the testimony of that witness be taken by deepduc osition, and that any document or other thing not priviplerog ded be produced by that witness at that time and place. e be r (2) After the deposition y mha s been subscribed by him the Court or the district couroto, ka s the case may be, may discharge the witness. s b thi (3) The party on rt o fwhose application a deposition is to be taken shall give ot op a every other party reasonable notice of the time and placde. Nfor taking the deposition, stating the name and address ofs eer vveery person to be examined; and such other party may ap re tps ly showing sufficient cause for extension or abridgment of th reigl htime or change of the place for taking the deposition. Al ia. (4) A person having custody of an accused person or za ncontrol over him shall be notified of the time and place set for Tan f the examination, and shall produce him or permit him to be nt o e present at the examination and in the presence of the witness. ern m (5) An accused person may appear with or be represented ov G by his counsel during the examination of a witness for the 5 02 purpose of this section. ©2 (6) Where any witness being deposed has made a previous statement which is in the possession of the party calling for the deposition, that party shall make that statement available to the accused person for his examination and use at the taking of 87 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] the deposition unless the statement is not one which that party would be required to make available to the accused person if the witness was testifying at the trial. (7) Depositions for purposes of this section shall be taken . before any magistrate named by the court making the order for G OA the taking of the deposition. n o f (8) At the trial or upon any hearing subsequent to the takinsgiois of a deposition, a part or the whole of a deposition, so pfea rmr as it is admissible under the rules of evidence, may be uosue t d, if it appears that- ith d w (a) the witness is dead; bu te (b) the witness is outside the United Repsutr i di blic, unless the absence of the witness appears to d ob r e or to have been procured by or with the cone du cnivance of the party offering to use the depositiopnroe ; (c) the witness is unable to b earttend or testify because of sickness or infirmity; moa ry (d) the witness is presoeob nkt but refuses to testify concerning the subject of t s th ie deposition or part of it. (9) A deposition f rt omay be used at the trial or hearing to contradict or imo pp aeach the testimony of the deponent as a witness. d. N e (10) Wshere vre only a part of a deposition is offered in evidence e by a pahrtst ry, any adverse party may require him to offer the whole of thl reigl deposition which is relevant to the part offered, and any piaa. Arty may offer other parts. an nz (11) Objections may be made to receiving in evidence a a of T deposition or part of it in the same manner and to the same en t extent, subject to the provisions of this Act, as they are made ern m in criminal trials before the High Court. v G o [s. 54] 250 ©2 Litigation 56.–(1) In every proceeding arising under this Act every party concerning sources of shall be entitled to apply that evidence be rejected on the evidence ground of its source or the manner in which it was obtained. 88 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (2) Evidence shall be rejected, or its admissibility shall depend on its being independently corroborated if it is proved to have been obtained- (a) through torture, threats or fraud; . (b) after the commission by the person offering it or his OAG agent of an unlawful act, n o f save that no evidence shall be rejected on the allegation onislsy io that it was unlawfully obtained. pe rm (3) A confession which is tendered as evidence sohu ta ll not be rejected on the ground only that a promise,w itt h hreat or d inducement was or has been held out to the perbsuo ten confessing unless the Court is of the opinion that the i dpisr tor mise, threat or inducement, as the case may be, could h d oa r ve occasioned the making of an untrue admission. ce rod u ep [s. 55] be r PA y mRa T V k OFFENCE boS o AND PENALTIES is f th Offences under 57.–(1) With effeacrtt ofrom the 25th day of September, 1984, this Act the offences pr p eNsocribed in the First Schedule to this Act shall be known a d. vse economic offences and triable by the Court in accordan r recse e with the provisions of this Act. (2) hThts e Minister may, by order published in the Gazette, g anAdll riwith the prior approval by resolution of the National Aa.s ni sembly, amend or otherwise alter the First Schedule to this a an z Act but no offence shall be removed from the First Schedule of T t under this section except by an Act of Parliament. enm [s. 56] rn ov e GApplication of 58.–(1) The jurisdiction of the Court for purposes of this Act 250 Penal Code 2 shall extend to the same extent and apply in the same manner © and respects as the jurisdiction of the courts of law in the Cap. 16 United Republic does for purposes of the Penal Code. (2) Except where it is expressly stated otherwise in the preceding provisions of this Act or in the substantive statement 89 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] of any one economic offence, the general rules as to criminal Cap. 16 responsibility contained in Chapter IV of the Penal Code, as well as the provisions of Chapter V of the Penal Code regarding parties to offences, shall apply in respect of offences . for purposes of this Act. G f O A [s. 57] o sio n s Prohibition 59.–(1) Where the Attorney General is satisfied that rma iny of transfer of e advantage or person has in his possession or to his credit any proopue t prty or property involved advantage involved in or arising out of the commissiiothn by any in economic w offence person of an economic offence, he may, by noutitec de addressed to that person or to any other person to whisotr imb the property or advantage or the proceeds or value is b d eorlieved to have been transferred or conveyed by that personu coer d his agent, direct that person to whom the notice is addrespsroe dd not to transfer, dispose of or part with the possession obf e e trhe sum of money, property or other advantage specifiedm yi a n the notice, and every such notice shall remain in foroc oek and be binding upon the person to whom it is addressehdis band every other person to whom the t money, property or f r t other advantage may pass by operation of law for a periodo o pf a six months from the date of the notice or, where proceedd. i Nngs for an offence under this Act or any other written lawrve se in relation to the property or other advantage have been cosm r e t menced against any person, until the determination of thl riog hse proceedings; save that the Minister may in any case, b Al iay. order under his hand, extend that period for such further anz period or periods as he may specify. an f T (2) A person who has been served with a notice under t o en subsection (1) and who, in contravention of such notice, rnme transfers, disposes of or parts with the possession of the money, ov G property or other advantage specified in the notice, commits 5 02 an offence and on conviction shall be liable to imprisonment ©2 for a term not exceeding fifteen years. (3) A person prosecuted for an offence under subsection (2) shall be acquitted if he satisfies the Court that- 90 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (a) the money, property or other advantage concerned was delivered to a police officer, or to some other person as directed in the notice; (b) the money, property or other advantage was produced . to a court and has been retained by that court; or OAG (c) the notice was subsequently withdrawn by the Attorney n o f General by notification in writing. ss io [se.r m i 58] ut p ith o w Prohibition of 60.–(1) Notwithstanding the provision of any otetdher law, the insolvency u Act No. provisions governing bankruptcy or filing osftr ib i any insolvency 3 of 2016 s. 12 proceedings shall not apply to property wr d o hich is subject of investigation or trial under this Act. ed uc (2) Winding up of the companypr oa dnd the functions of the liquidator shall not be performed irnebe relation to property which is subject of investigation or mtrai ya l under this Act. ok o [s. 59A] b is Punishment for 61.–(1) Except whe rofe t ha different penalty, measure or penal proved crimes t Act No. procedure is expr epas rsly provided in this Act or in the statement 3 of 2016 s. 12 of an offence, o do. n N the conviction of any person of any economic or other oeffrve ence falling under the penal jurisdiction of the Court, st hr ees Court may impose in relation to any person, in addi rtigio htn to any order respecting property, any of the penal meAall. sures prescribed by this section, but not any other. ia za n (2) Notwithstanding provision of a different penalty n Ta under any other law and subject to subsection (7), a person ofnt convicted of corruption or economic offence shall be liable to rnm e imprisonment for a term of not less than twenty years but not ov e exceeding thirty years, or to both such imprisonment and any 5 G 02 other penal measure provided for under this Act: ©2 Provided that, where the law imposes penal measures greater than those provided by this Act, the Court shall impose such sentence. 91 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (3) In addition to the penalty imposed under subsection (2), the court shall order the confiscation and forfeiture to the Government of all instrumentalities and proceeds derived from the offence committed under this Act. . (4) All awards for compensation shall be taken from the OAG personal properties or joint owned properties or such interest of n to the joint owned property attributed to the offender, wheisrse io such properties are insufficient to cover the award, such balearmp nce shall be a civil debt due to the Government recoverableo ub t y civil process. th d w i (5) Where the proceeds and instrumentaliti te beus in respect of which the offence was committed are destroy t diesdri , diminished in value or otherwise rendered worthless byd oa rn y act or omission, directly or indirectly of the offender, orcedu have been concealed, removed, converted or transferrede pt roo prevent the same from being found or to avoid forfeitur e r b or confiscation, the offender shall be ordered to pay the ammayount equal to the value of the proceeds or instrumentalbiot oikes of the offence. (6) A person who kthnis owingly aids or abets the offender in destroying, diminisrth oi fng in value or otherwise rendering the proceeds or instor up amentalities of the offence worthless by any act or omissi . N eodn, directly or indirectly under this Act, commits an offence rv s eand on conviction, shall be liable to imprisonment e for a tehtrsm r not exceeding five years. (l7 ril )g In considering the propriety of the sentence to be i A iam. posed, the Court shall comply with the principle that- an nz (a) a proved offence which is in the nature of an organised Ta of crime or one that is endangering the national economy t en or public property, in the absence of mitigating rnme circumstances, deserves the maximum penalty; ov G (b) any other economic offence may be sentenced with a 02 5 2 sentence that is suitably deterrent; and © (c) a child shall be sentenced in accordance with the Cap. 13 provisions of the Law of the Child Act. (8) An order made by the Court under this Act which authorises the forfeiture of property shall be sufficient authority for the Inspector-General of Police to seize all property or other 92 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] interest declared forfeited upon such terms and conditions as the Court shall see fit to impose. (9) Where any forfeited property, right or other interest is not exercisable or capable of transfer for value by an agency of . the United Republic it shall expire, and shall not revert to the OAG person from whom the forfeiture is intended to divest it. n o f (10) The provisions of any written law relating to t io ihsse disposition of property, or the proceeds from the sapele rm of property, or the remission or mitigation of forfeitouur t es for violation of customs and excise laws, and the com wpitrhomise of d claims and the award of compensation to informuteeb rs in respect of such forfeitures shall apply to forfeitures idnisc trui rred or alleged to have been incurred, under this sectiond o, rs o long as they are applicable and not inconsistent with p ce duurposes and provisions of this Act. proe (11) Such duties as are impos ebed r upon the Commissioner for Customs or any of the perso mn a iyn relation to the disposition of property under customs, k b oe oxcise and taxation legislation shall, in relation to matters is t harising from offences or proceedings under this Act, bert op f erformed by the Inspector-General of Police who shalol pd a ispose of all such property as soon as is commerciallyd .f N e easible, making due provision for the rights of innocent peervs rsons and in accordance with this Act. re igh ts [s. 59] All r Orders for 6ia2. .–(1) Where the Court is satisfied that the commission of compensation, anrestitution, etc. z the economic offence of which a person is convicted involved an f T or caused or is likely to cause any injury or damage to any t o en person, body of persons or other authority or to the property rnme or interest in the property of any person, body of persons or v G o other authority, the Court may- 5 02 (a) order that the person convicted pay such compensation ©2 for the injury or damage concerned as it may deem just; (b) order the person convicted or any other person concerned to divest himself of any direct or indirect interest in any enterprise; 93 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (c) impose such a restriction as it may consider reasonable on the future activities or investments of the person convicted or any other person, including, prohibiting any person from engaging in the same type of . endeavour as the enterprise engaged in, the activities of AG O which facilitated or were connected to the commission n o f of the economic offence in question, or do otherwiissse io after internal trade or foreign commerce; pe rm (d) order the dissolution or reorganisation out o f any enterprise, making due provision for the ith w rights of tedinnocent persons; or bu (e) make any other order in respect of thei sctrd oi nvicted person or his property, for the purpose of pror d viding for adequate restitution of any public propedrut cye or interest injured or damaged, and for the bettere cpo rontrol, averting, reduction or eradication of economeic r b and organised crime. (2) In making an order unady m er subsection (1) involving the Cap. 33 attachment of the propertyo oo k b f any person, the Court shall comply with the provisions of sthe isc tion 54 of the Civil Procedure Code. (3) An order mardt oe f under subsection (1) shall be filed by the person or authoor ipt ay in whose favour it is made in the district court having ju. Ned risdiction over the area in which the convicted person, osre r vthe person against whom it is made, ordinarily e residesht so rr in which the property concerned is situate, and upon bein ig ll rg so filed the order shall be deemed to be a decree passed bay. A i the district court and may be executed in that same manner n Cap. 33 nz a as if it were a decree passed under the provisions of the Civil Ta of Procedure Code and the district court shall have jurisdiction en t to execute the decree notwithstanding that the value of the ern m property or the amount of the compensation awarded exceeds Gov the pecuniary jurisdiction of the district court. 25 20 (4) For purposes of this section, the Court may at any © time pending the determination of any proceedings, upon the application of the prosecution or of any other person or authority injured in his business or property by reason of the acts of the accused person, enter such restraining orders, prohibitions or injunctions, or take such other actions 94 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] including the acceptance of satisfactory performance bonds, as it may deem just. (5) Where an application is made under subsection (4) for the exercise by the Court of its powers under that subsection, . the Court shall not make any order in favour of the applicant G OA unless he proves the damage or injury and his own non- of n contribution to its occurrence or causation. io iss [pse. r m60] ut o Right of appeal 63.–(1) A person aggrieved by a decision of the th Cwiourt may Act No. 12 of 1987 s. 19 appeal to the Court of Appeal of the Unitedut e dRepublic in accordance with established law in that behalft.ribis (2) Where a court subordinate to the Hoirg d h Court hears and determines a case the decision of whic ed uhc aggrieves a party, the appeal against that decision shall firstp broe d made to the High Court. e r e b [s. 61] may oPoAk RT VI b MISCELL s thAi NEOUS PROVISIONS ofrt Regulations 64. The Ministero m p aay make regulations providing for anything which is reqeu N d.i red or may be provided for under this Act, and gener rv saelly for the better carrying out of the purposes and e provishitos nr s of this Act. ll r ig [s. 62] A ia. Power to make n za 65.–(1) The Chief Justice may, by order published in the rules n Act No. f T a Gazette, make rules for the better performance of the duties o 3 of 201e6n ts . 14 of the Court. rnm (2) Without prejudice to the generality of subsection (1), ov e G the rules may prescribe- 5 02 (a) the contents and manner in which various court reports ©2 shall be prepared and submitted; (b) contents of records of committal proceedings; (c) procedures governing preliminary hearing; (d) procedure for summoning of witnesses and for hearing of cases under this Act; 95 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] (e) procedure and conduct of the Registrar in the performance of functions under this Act; (f) protection of witnesses under this Act; and (g) anything which needs to be prescribed by rules under . this Act. OAG [s. 63A] of sio n is Omitted 66. [Omitted.] erm ou t[ps. 63] ith Repeal 67. [Repeals the Economic Sabotage (Special Protvedi swions) Act.] Act No. ibu 9 of 1983 dis tr [s. 64] r Savings 68.–(1) Notwithstanding the establishmedn ot of the Corruption Act No. ce 3 of 2016 s. 15 and Economic Crimes Division of th u roed High Court, where the Economic Crimes Court had- re p (a) commenced the heaaryi n beg of any case relating to economic offences, ki tm shall continue with the hearing o until it determinse bs o the proceedings in that case; or i (b) adjourned thofe t h hearing of any case relating to an economic poa rfft ence, it shall resume the hearing on the fixed or oe . N arlier date and proceed to further hear and deterrmedv ine the proceedings in that case, but the C e resourt shall not take a plea or pleas in respect of any freshi gcha tsse not brought before the commencement of this Act. ll r . A(2) The coming into operation of the amending Act shall ann iaot- nz Ta (a) affect the previous operation of the amended Act or f t o anything duly done or suffered under it; en nm (b) revive anything not in force or existing at the time er ov immediately before the commencement of this Act; 5 G2 (c) affect any right, privilege, or obligation or liability 0 ©2 acquired, accrued, or incurred under the amended Act; or (d) affect any penalty, forfeiture or punishment incurred in respect of any economic offence or other offence committed and triable under the amended Act. 96 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Act No. (3) For the purpose of this section “amending Act” means 3 of 2016 the Written Laws (Miscellaneous Amendment) Act. [s. 66] G. FIRST SCHEDULE OA of ECONOMIC OFFENCES sio n is (Made under section 57(1)) rm ut pe o Deleted 1. [Deleted by Act No. 3 of 2009 s. 39.] ith d w Deleted 2. [Deleted by Act No. 3 of 2009 s. 39.] te trib u Hoarding 3.–(1) A person, whether or not licensed to carrdyis on the business of commodities selling commodities of any description, commdit os r an offence under this Act No. paragraph of hoarding commodities if, no e ut cbeing a manufacturer or 12 of 1987 s. 20 producer of the commodities- rod (a) he is found in possession reo pf commodities which are in demand by the public iny bt ehe locality concerned of a value exceeding one million a m shillings in circumstances in which it can be inferred thoako t they are not displayed or stocked for lawful sale or usise b or available for purchase by any persons offering the loafw thful price; (b) he sells or aorfft ers any commodity for sale at a price or subject to a termo pN or condition which is unlawful or which, having regaerdd . to all relevant circumstances, is unreasonable; or (c) ine rvthe course of carrying on the business of selling any rec sommodity, he engages in any trade practice which is ts gh intended or likely- i ll r (i) to create an artificial shortage in the supply of any ia. A commodity; n za (ii) to aggravate an actually existing shortage in the supply an f T of any commodity; t on (iii) to cause an unlawful increase or decrease in the official me or commercially accepted price of any commodity; or ernv (iv) to adversely affect the fair distribution of any o G commodity amongst the purchasing population of the 02 5 area concerned. ©2 (2) For purposes of this paragraph- (a) a person shall be deemed to have in stock any commodities of any description in any place if he is the owner of any amount or quantity of such commodities; (b) “person” includes any employee or agent of such person, whether or not the employment agency would be such at 97 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] law, and where such employee or agent is charged with an offence under this paragraph the provisions of subparagraph (3) shall apply mutatis mutandis to the employee or agent as they apply where the person charged, the employer or, as the case may be, the agent; . (c) whether or not licensed to carry on business a person shall be AG deemed to be carrying on the business of selling commodities f Oo of any description if, at that time when the offence isio n alleged to have been committed or at any reasonable periiossd preceding or succeeding the date when the offence is aplel remged to have been committed, he had possession of ano ua t mount or quantity of such commodities in circumstanceiths in which it may reasonably be inferred that such comtemd wodities were intended by him to be sold by him or he hardib uheld himself out as being a seller of those commodities. dis t (3) Where a person is charged with an offenc eor u nder this paragraph, it shall be a good defence for him to prove thcaet d- (a) there was no shortage in the rsoud upply of the commodity or commodities concerned in t rhee p locality in question; (b) the stocking of the am e concerned was not inteany o bunt or quantity of commodities m ded or likely to create any shortage in the supply of the cookm modities or to have any other adverse effect on the distisr i bboution of the commodities in the locality; (c) the commoditf itehs found in any premises under his control or managemenrtt oa did not belong to him and that he had no right to dispoos ep of any of the commodities in any way and that he did, adt. t Nhe earliest possible opportunity, advise the authorities invrveestigating the matter of the identity of the owner; (d) ret shee commodities owned by him or which he had the right hts to dispose of had at the time when they were found in his ll r ig possession, been lawfully sold or otherwise lawfully disposed a. A of to another person; an i (e) the commodities in stock were for his own lawful use or were nza being used in connection with his lawful business; or T of (f) he had kept them in store as a reasonable precaution, taken in nte the interests of his own household, against probable imminent rnm future shortage or famine, or in order to meet a requirement veo of any future event reasonably important to him. 5 G2 (4) The standard of proof by the accused of any of the facts or 20 circumstances set out in subparagraph (3) shall be on a balance of © probabilities. (5) The Court may, in addition to any other penal measure it may impose, order the forfeiture of all the commodities of the same description as the commodities to which the charge relates and held in stock by such person on the date on which the offence was 98 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] committed, unless any other person satisfies the Court that any of those commodities belonged to him and not to the accused, and that other person is himself not guilty of an offence under this paragraph. Leading 4.–(1) A person commits the offence of leading organised crime who- organised crime (a) intentionally or willfully organises, manages, directs, . Act No. G supervises or finances a criminal racket; A 12 of 1987 s. 20 O (b) knowingly incites or induces others to engage in violence ofn or fraud or intimidation for the purposes of promoting osrios furthering the objects of a criminal racket; rm i (c) knowingly furnishes advice, assistance or direction e t pin the conduct, financing, execution or management of theo uith business or affairs of a criminal racket with intent either two reap profit or other benefit from such act or to promotuete dor further the criminal objectives of the criminal rackets;t ro ibr (d) being a public official, and in violationor o dif his official duty, or not being a public official but in coleldu sion with such a public official, intentionally promotes or ufcurthers the objectives of a criminal racket by inducing or rod e cpommitting any act or omission. (2) A person shall not be convei rcted of an offence under this paragraph on the basis of accountaabyi blity as an accomplice unless he aids or participates in the contraventki omn of this paragraph in one of the ways specified. oo is b Repealed 5. [Repealed by Act No. f2 t hof 2007 s. 31.] rt o pa Fraudulent 6. A person who, Npoursuant to a scheme or artifice to defraud- schemes, games (a) by mede . ans of false or fraudulent pretences, representations, and artifices, rv theft of public psreomises or material omissions; e property, etc. (bs) r by means of false pretences, representations, or deception to htig gain the confidence of any person, knAolwl ringly obtains from any person any benefit, commits an offence uian. n der this paragraph. a Persons z Tan 7.–(1) A person who- conveying of (a) on being detained as a result of the exercise of the power or havinngt e conferred by section 25 of the Criminal Procedure Act, or possemssion of goordns suspected section 22 of this Act, is found in possession of, or conveying oovf ehaving in any manner, anything which may be reasonably suspected 5 Gbeen stolen of having been stolen or otherwise unlawfully acquired; or 2 20 or unlawfully (b) is found by any police officer in possession of or having © acquired control over any property which may, having regard to all Act No. 12 of 1987 s. 20 the circumstances, be reasonably suspected of having been stolen or otherwise unlawfully acquired, Cap. 20 may, if the value of the thing or the property concerned exceeds one million shillings, be charged with being in possession of, or conveying, or 99 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] having control over, as the case may be, the property which is suspected of having been stolen or otherwise unlawfully acquired and shall, if he fails to satisfy the Court that he did not steal or otherwise unlawfully acquire the property, commits an offence with which he is charged and be liable, on conviction, to imprisonment in accordance with this Act. . (2) For purposes of this paragraph “unlawfully acquired” means AG acquired in circumstances which constitute a criminal offence under f Oo any written law and also means acquired- n io (a) as consideration of any sale, barter or other disposition isosf any property so unlawfully acquired; or ermp (b) by way of purchase with funds, the whole or an t oyu part of which was so unlawfully acquired. ith (3) In proceedings for an offence under this paragrapehd -w (a) the accused shall not be entitled to acquittaul tib by reason only of the fact that, on the evidence before d it shtre Court, he could have been charged with, or convicte do rof, theft or other like offence, which is not an economiucc eodffence, in respect of the property; save that an accused proedrson convicted of an offence under this paragraph in resp re pct of any property shall not be charged with or be convic tbeed of an offence of stealing or other like offence, which is nmoaty an economic offence, in respect of the property; save otoh kat an accused person convicted of an offence under thiiss b paragraph in respect of any property shall not be chargedf t hwith or be convicted of an offence of stealing or other liakret o offence, which is not an economic offence, in respect oo fp the same property; (b) wher N de. the Court is satisfied that the accused was detained byer va e police officer in the exercise of the power conferred by s resection 26 of the Criminal Procedure Act, or section 22 of Cap. 20 hts this Act, the Court may presume that the property found ig ll r in his possession or being conveyed by him may reasonably a. A be suspected of having been stolen or otherwise unlawfully i an acquired by him. nz Omitted Ta f 8. [Omitted under Fair Competition Act]. o Authoreisna ttion of 9.–(1) A person who, being in authority, knowingly and without lawful unlranwmful supply excuse, causes or procures a supplier or distributor to supply designated ovf edesignated o goods to a person who is not an authorised trader for purposes of resale, Gauthority goods 25 or to supply designated goods in inordinate amounts or quantities to 20 any authorised trader, commits an offence under this paragraph. © (2) A person shall be deemed to be in authority if, being the holder of any elective or appointive office in any specified authority, he gives a direction, suggestion or advice whether or not in writing, to a supplier or distributor in connection with the disposition, of any designated goods 100 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] in the manner referred to in subparagraph (1), and the said supplier or distributor acts in accordance with the direction, suggestion or advice. (3) An amount or quantity of designated goods shall be deemed to be inordinate if- (a) where the supply is done once, the amount of quantity is in excess of the amount or quantity ordinarily supplied or sold AG. to the majority of the other purchaser of the same goods in of O the same locality with the same right, financial ability and n io willingness to purchase the goods in question; or iss (b) where the supply is done on more than one occasionesr p ,m the frequency of such occasions is extraordinary comoputared to the frequency at which the same goods are suppitlhied over a given period to other purchasers in the localitye dw with the same right, financial ability and willingness to pu t ibruchase the goods in question. dis tr (4) It shall be a good defence for a person c hora rged with an offence under this paragraph, if he satisfies the Coucer dt that there existed any circumstances which constituted a reasonroadb ule or lawful excuse for his action or that his action was motivated r eb py anything that was beneficial to the public interest. y b e a Occasioning 10.–(1) A person who, whetherk omr not he is an employee of a specified loss to specified authority by any wilful acbt o oor omission, or by his negligence or authority misconduct, or by reason th i sof his failure to take reasonable care or to Act No. 12 of 1987 s. 20 discharge his duties it no f a reasonable manner, causes any specified authority to suffer pa r pecuniary loss or causes any damage to any property owned Nb oy or in the possession of any specified authority, notwithstandi d. vneg any written law to the contrary, commits an offence under this pers aragraph, if the monetary value of the loss or damage exceeds re tso ne million shillings. (2 h r)ig A specified authority shall, for purposes of subparagraph (1), be de eAmll ed to have incurred a pecuniary loss notwithstanding- ia.n (a) that it has received or is entitled to receive any payment in nz a respect of such loss under any policy of insurance; or a f T (b) that it has been otherwise compensated, or is entitled to be nt o compensated, for that loss. me (3) For the avoidance of doubt it is hereby declared that where any rn ve person charged with stealing anything, or with any other offence under o G any written law, in relation to a specified authority, is acquitted, he may 02 5 be subsequently charged and tried for an offence under this paragraph ©2 even if the subsequent charge under this paragraph is based on the same acts or omissions upon which the previous charge was based. (4) Where the Court convicts a person of an offence under this paragraph, it shall, in addition to any other penal measure it imposes, order such person to pay to the specified authority compensation of an amount not exceeding the amount of the actual loss incurred by the 101 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] specified authority and in assessing such compensation the Court shall have regard to any extenuating circumstances it may consider relevant. (5) Where an order is made under subparagraph (4), the specified authority in whose favour such order is made may file an authenticated copy of the order in the district court having jurisdiction over the area . over which the Court has jurisdiction, and upon being so filed the order AG shall be deemed to be a decree passed by that district court and may be of O Cap. 33 executed in the same manner as if it were a decree passed under theio n provisions of the Civil Procedure Code, and the district court shall haisvse jurisdiction to execute that decree notwithstanding that the amopue rnmt of the compensation awarded exceeds the pecuniary jurisdictiount o of the district court. ith w Offences relating 11. A person commits an offence under this paragraph wuhteo d commits any to prohibited, offence contrary to sections 149 and 150 of the Custtorimb s (Management restricted and s and Tariff) Act- di uncustomed r goods (a) which is beyond the statutory powe o erd of the Commissioner of Act No. Customs to compound; du c 12 of 1987 s. 20 (b) which, considering the circeupm ro stances of its commission, 13 of 1988 Sch. the Commissioner of Custeo rms is of the opinion, which he shall certify to the Direcyt a obr of Public Prosecutions, that it is Cap. 403 unsuitable to compouk nmd; or (c) which the Directoob r of Public Prosecutions considers is unsuitable to ctohim s pound and informs the Commissioner of Customs of h rt o ifs opinion. Interfering with 12. A person commo pi ats an offence under this paragraph who damages, necessary service hinders, interferde. s N with or does any act which is likely to damage, hinder or interfere ewrvi eth, or the carrying on of a necessary service contrary to Cap. 47 section 3( rde s) of the National Security Act. ts Using firearms, 13. A l ri gpherson who, in the commission of any offence, other than assault etc. or l Arobbery or any other offence punishable with death or imprisonment oiaf.n life, uses a firearm or any explosive materials commits an offence zan under this paragraph. a Offences r eolaf tTed 14. A person commits an offence under this paragraph who commits to Wildelinf te an offence under section 17, 19, 24, 26, 28, 47, 53, 103, 105, Part X or Capsn.m 283, 282 r Part XI of the Wildlife Conservation Act or section 25 of the National Acet No. o3v of 2016 s. 16 Parks Act. G 25 ©20 Unlawful 15. A person commits an offence under this paragraph who unlawfully prospecting, etc. prospects or mines for minerals, contrary to the provisions of the Cap. 123 Mining Act. Omitted 16. [Omitted.] Omitted 17. [Omitted.] 102 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Theft of mail 18.–(1) A person who, whether or not an employee or officer of the matter Tanzania Posts Corporation- (a) embezzles any letter, postal card, package, bag or mail or any article or thing contained in it, intended to be or being conveyed by mail or carried or delivered by any carrier, . messenger, agent or other person acting on behalf of the AG postal authorities, or forwarded through or delivered from O of any Post office or its station; or ion (b) steals, abstracts or removes from any such letter, packaigses, bag or mail, any article or thing contained in it, ermp commits an offence under this paragraph. ou t (2) Where the Court convicts a person of an offence ituhnder this paragraph, it shall make an order for the complainantetd swuch as it is empowered to make in respect of the offence of occiabsuioning loss to a specified authority, and the provisions of paragrap t dihs r7 of this Schedule in relation to the order for compensation shall aopr ply mutatis mutandis to order for compensation under this paragruacp edh. d Deleted 19. [Deleted by Act No. 2 of 2010 s. 11.] pro re Offences related 20.–(1) A person commits an oyff be ence under this paragraph who to disrupt, disrupts damages, hinders or inte a mrferes with a property which is used or damage, hinder is intended to be used for the opou krpose of providing a necessary service. or interfere with properties (2) Where the offence- b is intended to (a) is committedf tuhnder the circumstance which is likely to provide necessary result in daarnt goer to human life, the offender shall be liable to service imprisono mp ent to a term of not less than twenty years but not GN. No. mored .t h Nan a term of thirty years; 658 of 1998 par. 2 (b) ise crvo emmitted under the circumstance which is not likely to rer sesult in danger to human life the offender shall be liable to hts imprisonment to a term of not less than fifteen years but not ll r ig more than a term of twenty years. a. A(3) In this paragraph, “necessary service” includes any- i an (a) service relating to installation, transmission, supply or an z distribution of electricity or telecommunication; T t o f (b) fire service; en (c) sewerage, rubbish disposal or other sanitation service; rnm (d) health, hospital or ambulance service; e ov (e) service relating to the supply or distribution of water, gas or G 25 petroleum; 20 (f) road, railway, bridge, underground tunnel, car park, ferry, © pontoon, any airfield, harbour or dock; (g) pipeline which is used for the supply of water or fuel. Offences under 21. A person commits an offence under this paragraph who commits Prevention and any offence under the Prevention and Combating of Corruption Act Combating of other than an offence under section 15 of that Act. Corruption Act Cap. 329 103 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Offences related 22. A person commits an offence under this paragraph who commits an to anti-money offence under section 12, 18 or 22 of the Anti- Money Laundering Act. laundering Cap. 423 Offences related 23. A person commits an offence under this paragraph who commits . to drugs control an offence under section 15, 17 or 24 of the Drugs Control and AG Cap. 95 O Enforcement Act. n o f o Offences related 24. A person commits an offence under this paragraph who commitssiis to terrorism any offence under the Prevention of Terrorism Act. rm Cap. 19 ut pe Offences related 25. A person commits an offence under this paragraph whitoh o commits to territorial sea any offence under the Territorial Sea and Exclusive Econodm we ic Zone Act. and exclusive ut economic zone trib Cap. 238 dis or Omitted 26. [Omitted.] d e du c Offences related 27. A person commits an offence under etph rios paragraph who commits an to mining offence under section 19 of the Minineg r Act. Cap. 123 y ba Offences related 28. A person commits an offencke mo under this paragraph who commits an to atomic energy offence under section 11, 13 ,b 1o4 or 73 of the Atomic Energy Act. Cap. 188 his t Offences related 29. A person commits ta on f offence under this paragraph who commits an to medicines offence under sectio pna r18 or 114 of the Tanzania Medicines and Medical Cap. 219 Devices Act. . N o edv Offences related 30. A pers er eosn commits an offence under this paragraph who commits to extractive an offentcs e r under section 23 or 24 of the Tanzania Extractive Industries industries (Tran risgp harency and Accountability) Act. Cap. 447 ll . A Offences related n3ia1. A person commits an offence under this paragraph who commits an to fire arms andn z a offence under section 20, 22 or 47 of the Fire Arms and Ammunition ammunition f Ta Control Act. Cap. 223 nt o Offennmcees related 32. A person commits an offence under this paragraph who commits tov earrmaments any offence under the Armaments Control Act. o GCap. 246 25 20 Offences related 33. A person commits an offence under this paragraph who commits an © to forestry offence under section 88 or 89 of the Forest Act. Cap. 323 Offences related 34. A person commits an offence under this paragraph who commits an to petroleum offence under section 239 or 240 of the Petroleum Act. Cap. 392 104 THE ECONOMIC AND ORGANISED CRIME CONTROL ACT [CAP. 200 R.E. 2023] Offences related 35. A person commits an offence under this paragraph who commits an to oil and gas offence under section 21 of the Oil and Gas Revenues Management Act. revenues Cap. 328 Offences related 36. A person commits an offence under this paragraph who commits an . to cyber offence under section 6, 7, 8, 9, 10, 11, 12 or 19 of the Cyber Crimes Act. G Cap. 443 OA of Offences related 37. A person commits an offence under this paragraph who commitsio n to electronic an offence under section 120, 122 or 123 of the Electronic and Positsasl and postal Communications Act. ermcommunications t p Cap. 306 tho u i Offences under 38. A person commits an offence under this paragraph whdo w commits an Penal Code offence under section 66, 96, 194A, 284A, or 318A of bthu tee Penal Code. Cap. 16 ist ri Offences related 39. A person commits an offence under this paragrr daph who commits an to whistleblower o offence under section 16 of the Whistleblowerd a nd Witness Protection and witness e Act. uc protection rod Cap. 446 re p be SECOND SyC a HEDULE k m OATHS OR AFFbIoR oMATION OF WITNESSES thi s (Moaf de under section 48(2)) rt Christians: “I sweaor p t ahat I shall do my best to tell the truth SO HELP ME GOD” . N Muslims: “Wavlel dah, Billahi, Ta Alahi: I solemnlye sa effir rm that I shall do my best to tell the truth.” Hindu: “ r tsI solemnly affirm that I shall do my best to tell the truth.” Othe h l rri gs: “I solemnly affirm that I shall do my best to tell the truth.” A l nia . nz a f T a o nt rnm e e ov 5 G 20 2 © 105 G. A of O sio n is rm t p e ou ith ted w u str ib i or d ce d u rod re p e ay b k m oo his b f t art o No p ed . rv se ts re igh All r nia . nz a a f T nt o me ve rn 5 G o 2 ©20