Who can freeze your bank account? (preservation orders)
High Court; Assets Recovery Agency; Ethics and Anti-Corruption Commission · sources read 4 Oct 2026
Under the proceeds-of-crime and anti-corruption laws, a bank account is frozen by a High Court order, made on an application by the Assets Recovery Agency or the EACC, often without hearing the owner first. If your account is frozen under an EACC order, you have 15 days from being served to ask the court to lift or change it.
- Where
- Freezing orders are made, lifted and varied by the High Court (Anti-Corruption and Economic Crimes Division). Get a copy of the order and talk to an advocate.
Steps
- Proceeds of crime: the Assets Recovery Agency applies to the court, without notice to you, for an order stopping anyone from dealing with the property, such as money in a bank account.
- Corruption: the EACC applies to the High Court, without notice to you, for an order stopping the transfer or use of property it suspects came from corruption.
- If you are served with an EACC order, apply to the court within 15 days to lift (discharge) or change (vary) it.
- To win, show the court on the balance of probabilities that the money was not acquired through corruption.
- In a proceeds-of-crime case, while the order is in force the Agency can ask the High Court to forfeit the money to the Government, so respond to the case.
Watch out
- An Assets Recovery Agency preservation order ends 90 days after it is published in the Kenya Gazette, unless an application to forfeit the property is pending in court.
- An EACC freeze lasts six months and the court can extend it.
- Moving money in breach of an EACC order is a crime: a fine of up to KSh 2 million, up to 10 years in jail, or both.
Who this covers
- An EACC freeze can be made against the person involved in the suspected corruption or against someone who later got the property.
Official sources (4)
- Anti-Corruption and Economic Crimes Act (No. 3 of 2003) new.kenyalaw.org · read 4 Oct 2026
- Proceeds of Crime and Anti-Money Laundering Act (No. 9 of 2009) new.kenyalaw.org · read 4 Oct 2026
- Asset Recovery Agency v Alibhai & another (Misc. Application E012 of 2025), ruling of 23 January 2026 new.kenyalaw.org · read 4 Oct 2026
- Assets Recovery Agency v Rose Monyani Musanda; Sidian Bank Limited (Interested Party) [2020] KEHC 9168 (KLR) new.kenyalaw.org · read 4 Oct 2026