The Proceeds of Crime and Anti-Money Laundering Act empowers the Director, Assets Recovery Agency, to make ex parte applications for preservation where there are reasonable grounds to believe that the property concerned has been used or is intended for use in the commission of an offense or is a proceed of crime.

The Agency Director gives notice of the preservation order to all persons who may have an interest in the property by publishing the order in the Kenya Gazette within twenty-one (21) days.