Narcotic Drugs and Psychotropic Substances (Control) Act
This Act may be cited as the Narcotic Drugs and Psychotropic Substances (Control) Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 245
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the Narcotic Drugs and Psychotropic Substances (Control) Act. Lists and defines acts and activities related to illegal manufacture, cultivation, trafficking, handling, financing, abetting, and relevant international conventions concerning narcotic drugs and psychotropic substances. An intermediate lessee who did not consent, cooperate with, or assist in cultivation by a convicted sub-lessee may apply to the convicting court, before forfeiture is ordered and before the hearing date in the section 9 notice, to be allowed to possess the land under the lease; if the court is satisfied and subject to subsection (3) the intermediate lessee's interests will revert to them and they may enforce the order, while the convicted person may not remove prohibited plants or claim compensation; the Commissioner or Chief Land Registrar shall take possession on behalf of the Government and may remove persons and use reasonable force. Allows entry in relation to Government land when any prohibited plant was or is being cultivated on that land or when any prohibited plant is present on that land. Courts must order police (or officers authorized by the Inspector General) to destroy prohibited plants found on land related to a conviction, and the Inspector General or authorized officers must cause or carry out destruction in the manner prescribed by regulations; police or authorized persons who, on entry and inspection under section 11, are satisfied plants are prohibited must destroy them in the prescribed manner.
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Legal text
Provisions of Narcotic Drugs and Psychotropic Substances (Control) Act
Showing 97 of 97
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
This Act may be cited as the Narcotic Drugs and Psychotropic Substances (Control) Act.
Section 1. Short title Section This Act may be cited as the Narcotic Drugs and Psychotropic Substances (Control) Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Lists and defines acts and activities related to illegal manufacture, cultivation, trafficking, handling, financing, abetting, and relevant international conventions concerning narcotic drugs and psychotropic substances.
Section 2. Interpretation Section 2(1)(a) the purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances; Section 2(1)(b) the transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of controlled substances; Section 2(1)(c) the setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances; Section 2(1)(d) the activity of compounding, synthesising, concentrating, purification, separating, extracting, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labelling, or relabelling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances; Section 2(1)(e) the illegal manufacture of specified controlled substances; or Section 2(1)(f) the distribution, diversion or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances; Section 2(1)(a) cultivating any coca bush or gathering any portion of a coca plant; Section 2(1)(b) cultivating the opium poppy or any cannabis plant; Section 2(1)(c) engaging in the conveyance production, manufacture, possession, sale, purchase, transportation, ware-housing, concealment, use or consumption, importation, exportation or transshipment of narcotic drugs or psychotropic substances; or Section 2(1)(d) handling or letting out of any premises for the carrying on of any of the activities referred to in paragraphs (a) to (c); Section 2(1)(i) financing, directly or indirectly, any of those activities; Section 2(1)(ii) abetting or conspiring in the furtherance of, or in support of doing any of, those activities; and Section 2(1)(iii) harbouring persons engaged in any of those activities; Section 2(1)(a) the Single Convention on Narcotic Drugs, 1961 adopted by the United Nations Conference at New York in March, 1961; Section 2(1)(b) the Protocol, amending the Convention mentioned in paragraph (a), adopted by the United Nations Conference at Geneva in March, 1972; Section 2(1)(c) the Convention on Psychotropic Substances, 1971 adopted by the United Nations Conference at Vienna in February, 1971; Section 2(1)(d) the United Nations Convention Against illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted at Vienna on 19th December, 1988; and Section 2(1)(e) any other international convention or protocol or any other instrument amending an international convention relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by Kenya after the commencement of this Act; Section 2(1)(a) all processes other than production, by which such drugs or substances may be obtained; Section 2(1)(b) refining of such drugs or substances; or Section 2(1)(c) making of preparations (otherwise than in a pharmacy on a prescription) with or containing such drugs or substances; Section 2(1)(a) the plant of the species papaver somniferum ; and Section 2(1)(b) the plant of any other species of papaver from which opium or any phenanthrene alkaloid can be extracted and which the Cabinet Secretary may, by notice in the Gazette declare to be opium poppy for the purposes of this Act; Section 2(1)(a) any right, interest, title, claim, chose in action, power, privilege, whether present or future and whether vested or contingent, in relation to any property, or which is otherwise of value; Section 2(1)(b) any transfer executed for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of immovable property whereof the person executing the transfer is the proprietor or possessed of or wherein he is entitled to a contingent right, either for his whole interest or for any less interest; Section 2(1)(c) any monetary instrument; Section 2(1)(d) any other instrument or securities; and Section 2(1)(e) any other tangible or intangible property: Section 2(1)(a) the importation or exportation of any narcotic drug or psychotropic substance or the making of any offer in respect thereof by or on behalf of any person who holds a licence therefor under this Act in accordance with the licence; Section 2(1)(b) the manufacturing, buying, sale, giving, supplying, administering, conveying, delivery or distribution of any narcotic drug or psychotropic substance or the making of any offer in respect thereof, by or on behalf of any person who has a licence therefor under this Act in accordance with the licence; or Section 2(1)(c) the selling or supplying or administering for medicinal purposes, and in accordance with the provisions of this Act, of any narcotic drug or psychotropic substance or the making of any offer in respect thereof by a medical practitioner or veterinary surgeon or dentist or by any other person qualified to do so on the instructions of the medical practitioner or veterinary surgeon or dentist; or Section 2(1)(d) the selling or supplying in accordance with the provisions of this Act, of any narcotic drugs or psychotropic substances by a registered pharmacist; Section 2(2) Spent . [Act No. 2 of 2002 , Sch., Act No. 4 of 2022 , s. 2.]
Part II
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS
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PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 10. Notice where owner of land is holder of a lease
An intermediate lessee who did not consent, cooperate with, or assist in cultivation by a convicted sub-lessee may apply to the convicting court, before forfeiture is ordered and before the hearing date in the section 9 notice, to be allowed to possess the land under the lease; if the court is satisfied and subject to subsection (3) the intermediate lessee's interests will revert to them and they may enforce the order, while the convicted person may not remove prohibited plants or claim compensation; the Commissioner or Chief Land Registrar shall take possession on behalf of the Government and may remove persons and use reasonable force.
Section 10. Notice where owner of land is holder of a lease Section 10(1) Where the person convicted under section 6 and referred to in section 7 is the holder of a lease, licence, permit or any other right in the land granted by an intermediate lessee and the cultivation of the prohibited plant was carried on by that person without the consent, co-operation or assistance of the intermediate lessee the intermediate lessee may, before an order of forfeiture is made under any of those provisions, apply to the court convicting the person before the date for hearing specified in the notice under section 9 praying that, instead of the land being forfeited to the Government or reverting to the owner of the land, as the case may be, the intermediate lessee may be allowed to be in possession of the land on the terms of the lease in his favour. Section 10(2) If the court is satisfied of the facts mentioned in subsection (1) in relation to the applicant, and subject to subsection (3) the court may allow the application and thereupon all the interests in the land of the person so convicted shall revert to the intermediate lessee, instead of being forfeited to the Government or reverting to the owner of the land, as the case may be, and the intermediate lessee shall be entitled to enforce the order in the same manner as the owner of the land may enforce an order under section 7 : Provided that the person so convicted shall not be entitled either to remove any prohibited plant from the land or to receive any sum by way of compensation for or otherwise in relation to the value of any such plant. Section 10(3)(a) has not consented to, co-operated with or assisted in the cultivation of the prohibited plant by the convicted person; and Section 10(3)(b) is among the intermediate lessees who have not so consented, co-operated, or assisted, the intermediate lessee nearest to the convicted person having regard to the order in which the sub-leases were executed. Section 10(4) Upon the making of an order under section 7 the Commissioner of Lands or the Chief Land Registrar, as the case may be, or any officer nominated by him in that behalf shall, with such assistance as, in his opinion, is required or expedient, take possession of the land described in the order for and on behalf of the Government and for that purpose may, if need be, remove therefrom any person refusing to vacate such land and use such force as may be reasonable for that purpose. Section 10(5) Where an order is made under section 7 or subsection (1) forfeiting any land or reverting any land to the owner or an intermediate lessee of the land, the order shall be treated for all purposes as if it were a transfer or other document effecting a transfer of immovable property or any interest therein and the Commissioner of Lands or Chief Land Registrar shall, on the production to him of the original order, take due notice thereof and shall make such annotations on me records as may be necessary. - 11 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 11. Power of entry in respect of Government land
Allows entry in relation to Government land when any prohibited plant was or is being cultivated on that land or when any prohibited plant is present on that land.
Section 11. Power of entry in respect of Government land Section 11(1)(a) any prohibited plant was or is being cultivated on any Government land, whether held by any person under a lease, licence, permit or any other right, or entered upon by any person without any right; or Section 11(1)(b) that any prohibited plant is on that land, Section 11(2)(a) that any prohibited plant was, or is being cultivated on any land, not being Government land; or Section 11(2)(b) that any prohibited plant is on the land, - 12 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 12. Power to court to order destruction of prohibited plants
Courts must order police (or officers authorized by the Inspector General) to destroy prohibited plants found on land related to a conviction, and the Inspector General or authorized officers must cause or carry out destruction in the manner prescribed by regulations; police or authorized persons who, on entry and inspection under section 11, are satisfied plants are prohibited must destroy them in the prescribed manner.
Section 12. Power to court to order destruction of prohibited plants Section 12(1) A court convicting any person of an offence under this Act shall direct the Inspector General of Police or any police officer authorized by him to destroy all the prohibited plants found on any land to which the offence relates and the Inspector General of Police or any such police officer, as the case may be, shall cause all such plants, to be destroyed in such manner as may be prescribed by regulations. Section 12(2) Where any police officer or any other person authorized by the Inspector General of Police is, upon entry and inspection under section 11 , satisfied that the plants found on any land, are prohibited plants, he shall destroy them in such manner as may be prescribed by regulations. - 13 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 13. Provisions relating to certain prescriptions
Contravening subsections (1) or (2) is an offence punishable by a fine of not less than two hundred and fifty thousand shillings, or imprisonment for a term not exceeding ten years, or both.
Section 13. Provisions relating to certain prescriptions Section 13(1)(a) prescribe for, administer, sell or supply to, any certain person any narcotic drug or psychotropic substance; or Section 13(1)(b) sign any prescription or order for the supply of any narcotic drug or psychotropic substance to any person, Section 13(2)(a) prescribe, administer, sell or supply any narcotic drug or psychotropic substance; or Section 13(2)(b) sign any prescription or order for the supply of any narcotic drug or psychotropic substance, Section 13(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine of not less than two hundred and fifty thousand shillings or to imprisonment for a term not exceeding ten years or to both such fine and imprisonment. - 14 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 14. Penalty for receiving additional narcotic drug or psychotropic substance or prescription without disclosure of earlier receipt
A person who, while being treated and already supplied narcotic drugs or psychotropic substances by a treating practitioner, obtains additional such drugs or a prescription from another practitioner without disclosing the earlier supply commits an offence and faces a fine of not less than fifty thousand shillings and up to ten years' imprisonment.
Section 14. Penalty for receiving additional narcotic drug or psychotropic substance or prescription without disclosure of earlier receipt Section Any person who, in the course of treatment for any physical, dental or mental disorder is supplied with any narcotic drug or psychotropic substance, or a prescription therefor, by a medical practitioner or dentist treating him and who without disclosing that fact receives additional narcotic drugs or psychotropic substances, or a prescription therefor, from any other medical practitioner or dentist, shall be guilty of an offence and liable to a fine of not less than fifty thousand shillings and, in addition, to imprisonment for a term not exceeding ten years. - 15 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 15. Removal of name from register
If a medical practitioner, dentist or veterinary surgeon is convicted of an offence under this Act, they shall have their name removed from the register of those licensed or registered to practise within Kenya in that profession.
Section 15. Removal of name from register Section Where a medical practitioner, dentist or veterinary surgeon is convicted of an offence under this Act, he shall, notwithstanding anything contained in any other written law, be liable, to have his name removed from the register of those licensed or registered to practise within Kenya as a medical practitioner, dentist or veterinary surgeon, as the case may be. - 16 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 16. Board to issue licences for export, import, manufacture, etc.
The Board is established with specified members and has the power to issue licences for import/export and to prescribe ports, packing, and records for narcotic drugs and psychotropic substances.
Section 16. Board to issue licences for export, import, manufacture, etc. Section 16(1)(a) the Attorney-General or his representative; Section 16(1)(b) the Principal Secretary of the Ministry for the time being responsible for Provincial Administration and/or Internal Security or his representative; Section 16(1)(c) the Principal Secretary of the Ministry for the time being responsible for health or his representative; Section 16(1)(d) the Inspector General of Police or his representative; Section 16(1)(e) three other persons appointed by the Cabinet Secretary of whom one shall be appointed as the chairperson. Section 16(2)(a) issue licences for the importation, exportation, diversion, sale, manufacture, production or distribution (at stated places) of any narcotic drug or psychotropic substance; Section 16(2)(b) name ports or places in Kenya where any narcotic drug or psychotropic substance may be exported or imported; Section 16(2)(c) prescribe the manner in which any narcotic drug or psychotropic substance is to be packed or marked for export; and Section 16(2)(d) prescribe the records to be kept by any person in connection with the export, import, receipt, sale, disposal or distribution of narcotic drugs or psychotropic substances. - 17 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 17. Penalty for obstruction, etc.
Prohibits delaying or obstructing a police officer or a person authorized by the Inspector General of Police, the Director of Medical Services or other authorized person in the exercise of their functions under this Act.
Section 17. Penalty for obstruction, etc. Section delays or obstructs any police officer or any person authorized by the Inspector General of Police, the Director of Medical Services or any other person in the exercise of any of his functions under this Act; or - 17A Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 17A. Penalty for law enforcement officers
Law enforcement officers or public officers who aid, abet, conceal, collude with, or (by abusing office) direct arbitrary acts prejudicial to others commit offences carrying heavy fines and long imprisonment terms.
Section 17A. Penalty for law enforcement officers Section 17A(1) A law enforcement officer or a public officer who aids or abets any offence under this Act including through concealing the commission of any offence or colluding with any person suspected of committing an offence under this Act, commits an offence and shall be liable upon conviction to a fine of not less than twenty million shillings and imprisonment for a term of not less than twenty years. Section 17A(2) Any person who, being employed as a law enforcement officer or a public officer, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another, commits an offence and shall, upon conviction, be liable to a fine of not less than three hundred thousand shillings or imprisonment for a term of not less than five years, or to both. [Act No. 4 of 2022 , s. 8.] - 18 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 18. Penalty for failure to furnish information or to produce evidence, etc.
If "he" fails or refuses to comply with any obligation to give information or to produce any book, record or other document, thing or other material to which he is subject under or by virtue of any provision of this Act or any order made thereunder, a penalty is provided.
Section 18. Penalty for failure to furnish information or to produce evidence, etc. Section fails or refuses to comply with any obligation to give information or to produce any book, record or other document, thing or other material to which he is subject under or by virtue of any provision of this Act or any order made thereunder; or - 3 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 3. Penalty for possession of narcotic drugs, etc.
Possession of narcotic drugs or psychotropic substances is an offence, subject to specified exceptions and penalties.
Section 3. Penalty for possession of narcotic drugs, etc. Section 3(1) Subject to subsection (3), any person who has in his possession any narcotic drug or psychotropic substance shall be guilty of an offence. Section 3(2)(a) in respect of cannabis, where the person satisfies the court that the cannabis was intended solely for his own consumption, to imprisonment to a term of not more than five years or to a fine of not more than one hundred thousand shillings; Section 3(2)(b) in respect of a narcotic drug or psychotropic substance, other than cannabis, where a person is in possession of less than one gram, to a fine of not less than five million shillings, or to imprisonment to a term of not less than five years, or to both such fine and imprisonment; and Section 3(2)(c) to, in addition to the sentences in paragraph (a) and (b) respectively, committal to appropriate court appointed treatment programme or to voluntary submission to a rehabilitation programme for a period not less than six months, where the court deems fit. Section 3(3)(a) a person who has possession of the narcotic drug or psychotropic substance under a licence issued pursuant to section 16 permitting him to have possession of the narcotic drug or psychotropic substance; or Section 3(3)(b) a medical practitioner, dentist, veterinary surgeon or registered pharmacist who is in possession of a narcotic drug or psychotropic substance for any medical purposes; or Section 3(3)(c) a person who possesses the narcotic drug or psychotropic substance for medical purposes from, or pursuant to a prescription of, a medical practitioner, dentist or veterinary surgeon; or Section 3(3)(d) a person authorized under the regulations to be in possession of the narcotic drug or psychotropic substance. - 4 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 4. Penalty for trafficking in narcotic drugs, etc.
Possession of between 1—100 grams carries a fine of not less than thirty million shillings, or imprisonment for thirty years, or both.
Section 4. Penalty for trafficking in narcotic drugs, etc. Section where the person is in possession of between 1—100 grams, to a fine of not less than thirty million shillings or to imprisonment for a term of thirty years, or to both such fine and imprisonment; - 4A Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 4A. Penalty relating to precursor chemicals
Section 4A prohibits manufacture, possession, transport or supply of substances in the Fourth Schedule for purposes of producing narcotic drugs or psychotropic substances (including where the person knows or has reasonable grounds to suspect such use); and authorizes requirements on documentation, adding or deleting schedule substances, record-keeping and information furnishing, and other prescribed matters.
Section 4A. Penalty relating to precursor chemicals Section 4A(1)(a) manufactures or is in possession of a substance referred to in the Fourth Schedule for the purpose of production of any narcotic drug or psychotropic substances; or Section 4A(1)(b) transports such a substance or supplies it to another person, knowing or having reasonable grounds to suspect that the substance is to be used in or for the unlawful production of a narcotic drug, Section 4A(2)(a) for imposing requirements as to the documentation of transactions involving substances referred to in the Fourth Schedule; Section 4A(2)(b) adding or deleting substances in the Fourth Schedule as is deemed necessary; Section 4A(2)(c) keeping of records and furnishing of information on substances as listed; Section 4A(2)(d) any other matter that may be required to be prescribed. - 4B Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 4B. Conspiracy to commit offences under this Act
Conspiring to commit offences under this Act is treated as conspiracy in Kenya regardless of whether conspirators are inside or outside Kenya; conspiring in Kenya is an offence punishable on conviction by at least one hundred million shillings and life imprisonment.
Section 4B. Conspiracy to commit offences under this Act Section 4B(1) A person who, being outside Kenya, conspires with a person who is in Kenya to commit an offence under this Act in any place outside Kenya being an act which if committed in Kenya, would constitute an offence under this Act shall be deemed to have conspired to commit that act in Kenya. Section 4B(2) A person who, being in Kenya, conspires with a person who is outside Kenya to commit an offence under this Act in Kenya shall be deemed to have conspired in Kenya to carry out that act. Section 4B(3) A person who, being outside Kenya, conspires with a person who is outside Kenya to carry out an offence under this Act in Kenya shall be deemed to have conspired in Kenya to do that act. Section 4B(4) A person who being in Kenya, conspires with another person who is also in Kenya to commit an offence under this Act in Kenya or outside Kenya commits an offence. Section 4B(5) A person who conspires to commit an offence under this section commits an offence and is liable, on conviction, to a fine of not less than one hundred million shillings and to imprisonment for life. [Act No. 4 of 2022 , s. 5.] - 5 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 5. Penalty for other acts connected to narcotic drugs, etc. connected to other acts
Section 5 prohibits persons from smoking, inhaling, sniffing or otherwise using narcotic drugs or psychotropic substances, being found in places used for that purpose without lawful excuse, permitting premises to be used for those purposes, and handling parcels believed to contain such drugs; it prescribes fines and imprisonment for these offences.
Section 5. Penalty for other acts connected to narcotic drugs, etc. connected to other acts Section 5(1)(a) smokes, inhales, sniffs or otherwise uses any narcotic drug of psychotropic substance; or Section 5(1)(b) without lawful and reasonable excuse, is found in any house, room or place to which persons resort for the purpose of smoking, inhaling, sniffing or otherwise using any narcotic drug or psychotropic substance; or Section 5(1)(c) being the owner, occupier or concerned in the management of any premises, permits the premises to be used for the purpose of the preparation of opium for smoking or sale or the smoking, inhaling, sniffing or otherwise using any narcotic drug or psychotropic substance, Section 5(1)(i) two hundred and fifty thousand shillings or a term of imprisonment of not less than five years or to both such fine and imprisonment if the offence relates to paragraphs (a) or (b); or Section 5(1)(ii) twenty million shillings or a term of imprisonment of not less than ten years or to both such fine and imprisonment, if the offence relates to paragraph (c). Section 5(2) Any person who knowing or having reason to believe that a parcel, package, container or other thing contains any narcotic drug or psychotropic substance, handles the parcel, package container or other thing, shall, except where such handling is by a public officer in the course of his official duties or a registered pharmacist be guilty of an offence and liable to a fine of one hundred thousand shillings or to imprisonment for a term not exceeding five years or to both such fine and imprisonment. Section 5(3) Any person who commits any offence referred to in subsection (2) in relation to any narcotic drug or psychotropic substance will a view to aiding, abetting or procuring the trafficking in the narcotic drug or psychotropic substance shall be liable to the penalty prescribed by section 4 . [Act No. 4 of 2022 , s. 6.] - 5A Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 5A. Information to be kept by an owner, occupier or a person concerned with the management of a premise
Owners, occupiers or persons managing premises must keep a register and a separate book with prescribed particulars; failure or making false entries is an offence punishable by at least one million shillings or at least two years' imprisonment, or both.
Section 5A. Information to be kept by an owner, occupier or a person concerned with the management of a premise Section 5A(1) An owner, occupier or person concerned with the management of any premises, shall keep a register in his premises, and shall enter or cause to be entered in the register the name and address of every tenant and occupier who occupies the premises, and such other particulars as may be prescribed. Section 5A(2) An owner, occupier or person concerned with the management of any premises, shall enter or cause to be entered regularly in a book kept for the purpose, all such particulars, other than particulars prescribed in respect of the register required under subsection (1) to be kept, as may be prescribed. Section 5A(3) A person who fails to comply with this section, or who makes or causes or permits to be made in any register or book required in this section to be kept, any entry which he knows or has reason to believe to be false, shall be guilty of an offence and is liable to a fine of not less than one million shillings or to a term of imprisonment of not less than two years, or both such fine and imprisonment. [Act No. 4 of 2022 , s. 7.] - 5B Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 5B. Offences relating to operation of clandestine laboratory
Operating a clandestine laboratory, or permitting premises to be used for that purpose, is an offence punishable by a minimum fine of twenty million shillings or imprisonment for not less than twenty years, or both.
Section 5B. Offences relating to operation of clandestine laboratory Section 5B(1)(a) operates a clandestine laboratory; or Section 5B(1)(b) being the owner, occupier or person concerned with the management of any premises, permits the premises to be used for the purpose of operating a clandestine laboratory shall be guilty of an offence and is liable to a fine of not less than twenty million shillings or a term of imprisonment of not less than twenty years, or both such fine and imprisonment. Section 5B(2) It shall be a defence if a person who is an owner, occupier or a person concerned with the management of any premises, complies with section 5A . [Act No. 4 of 2022 , s. 7.] - 6 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 6. Penalty for cultivation of certain plants
Penalty for cultivation of certain plants: "Section cultivates any prohibited plant; or"
Section 6. Penalty for cultivation of certain plants Section cultivates any prohibited plant; or - 7 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 7. Forfeiture of land used for cultivation of prohibited plants
If someone is convicted for cultivating prohibited plants on Government land and they hold a lease or similar right, the court must order that right to revert to the Government; bona fide mortgage or charge holders may still enforce their security.
Section 7. Forfeiture of land used for cultivation of prohibited plants Section 7(1)(a) the owner of the land which the prohibited plant was cultivated; or Section 7(1)(b) the holder of a lease, licence, permit or any other similar right in the land and he has carried on the cultivation of the prohibited plant with the consent, co-operation or assistance of the owner of the land. Section 7(2)(a) such person was, at the time of the commission of the offence, the holder of a lease, licence permit or any other similar right in the land on which the prohibited plant was cultivated; and Section 7(2)(b) the cultivation of the prohibited plant was carried on without the consent, co-operation or assistance of the owner of the land, Section 7(3) Where a person is convicted of an offence under section 6 , with reference to the cultivation of any prohibited plant on any Government land, and such person is the holder of a lease, licence, permit or any other similar right in the land, then, subject to subsection (4), the court convicting him shall, in addition to the penalty provided for that offence in section 6 , order the lease, licence, permit or any other right in the land of the person so convicted shall revert the Government. Section 7(4)(a) any land, is forfeited to the Government, the holder of any mortgage or charge on such land, so forfeited shall, where such mortgage or charge was created bona fide and for valuable consideration, be entitled, notwithstanding such forfeiture to enforce the mortgage or charge against the land so forfeited; or Section 7(4)(b) any lease is forfeited to the Government or stands terminated, the holder of any mortgage or charge on the leasehold right shall, where such mortgage or charge was created bona fide and for valuable consideration be entitled, notwithstanding such forfeiture or termination, to enforce, the mortgage or charge against the land to the extent of the value of the leasehold right on the date of the creation of the mortgage or charge: - 8 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 8. Owner of land to inform police officer, etc.
A person with any interest in land who knows a prohibited plant is being cultivated there or that the land is being prepared to cultivate such a plant must promptly inform the officer in charge of the nearest police station; otherwise the burden of proving the person did not consent, co-operate with or assist in the cultivation is on that person.
Section 8. Owner of land to inform police officer, etc. Section Where any person, having any interest in any land, and knowing that any prohibited plant is being cultivated on that land or that the land is being prepared for the purpose of cultivating any prohibited plant, does not promptly inform the officer in charge of the police station nearest either to the land on which the prohibited plant is being cultivated or to the ordinary place of residence or business of such person of that fact, the burden of proving that the person did not consent to, co-operate with or assist in the cultivation of the prohibited plant on that land shall be on that person; - 9 Verify source ↗
PROHIBITION OF POSSESSION OF, AND TRAFFICKING IN, NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS - 9. Publication of notice
Requires publication of a notice listing particulars about the convicted person, the land, other offence particulars, the hearing date under section 7, owners/intermediate lessees/other rights-holders or persons in possession, and other particulars prescribed by regulations or rules of court.
Section 9. Publication of notice Section 9(1)(a) the particulars of the person convicted; Section 9(1)(b) the particulars of the land on which the prohibited plant was being cultivated; Section 9(1)(c) other relevant particulars relating to the offence; Section 9(1)(d) the date fixed for the hearing of an application for an order under section 7 ; Section 9(1)(e) the name and address and the nature of the rights of every person who, according to information available to the court, is the owner or is the intermediate lessee of or has any other right in the land or is in possession of the land at the time of the conviction of the person; and Section 9(1)(f) such other particulars as may be prescribed by regulations or, subject to such regulations, by rules of court. Section 9(2) The notice referred to in subsection (1) shall be served on all persons who are known to the court, at the time of the conviction of the person under section 6 , as being the owners, or as having any interest in, or as being in possession of, the land in respect of which an order is proposed to be made under section 7 , and every such person shall be given a reasonable opportunity of being heard before the order is made.
Part III
FORFEITURE OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES, IMPLEMENTS AND CONVEYANCE
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FORFEITURE OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES, IMPLEMENTS AND CONVEYANCE - 19. Forfeiture of narcotic drugs, etc.
Forfeiture of narcotic drugs, etc.
Section 19. Forfeiture of narcotic drugs, etc. Section he has no legal authority for the possession of the narcotic drug or psychotropic substance; or - 20 Verify source ↗
FORFEITURE OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES, IMPLEMENTS AND CONVEYANCE - 20. Forfeiture of conveyance, implement, etc.
Machinery, equipment, implements, pipes, utensils or other articles used to commit any offence under this Act shall be forfeited to the Government.
Section 20. Forfeiture of conveyance, implement, etc. Section 20(1) Any machinery, equipment, implement, pipe, utensil, or other article used for the commission of any offence under this Act shall be forfeited to the Government. Section 20(2)(a) the person who was the owner of the conveyance, and Section 20(2)(b) in the case of an aircraft or ship, every person who was a responsible officer thereof.
Part IV
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME
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RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 21. Interpretation of Part
Section 21 defines which offences are included for this Part: offences under sections 3, 4 and 5 and any other offence the Cabinet Secretary specifies; conspiracy, attempt, incitement, and aiding/abetting/counselling/procuring such offences; and it treats an 'accused person' as including a defendant in a complaint under the Act.
Section 21. Interpretation of Part Section 21(1)(a) any offence under sections 3 , section 4 , section 5 and section or any other offence under this Act specified by the Cabinet Secretary by order published in the Gazette for the purposes of this Part; Section 21(1)(b) a conspiracy to commit or an attempt to commit any offence referred to in paragraph (a); Section 21(1)(c) inciting another person or attempting to incite any person to commit any offence referred to in paragraph (a); or Section 21(1)(d) aiding, abetting, counselling or procuring any offence referred to in paragraph (a). Section 21(2) For the purposes of this Part references to an accused person shall be deemed to include reference to any defendant in a complaint in respect of an offence under this Act. - 22 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 22. Application for restraint order
The Director of Public Prosecutions may apply to the Court for a restraint order over any property of a person when there are reasonable grounds to believe the person committed a specified offence and an investigation has commenced.
Section 22. Application for restraint order Section 22(1) Where there are reasonable grounds to believe that any person has committed a specified offence and investigation has commenced in relation to it, the Director of Public Prosecutions may apply to the Court for a restraint order in respect of an or any of the property of the person. Section 22(2)(a) the offence alleged to have been committed by the person and in relation to which investigation has commenced; Section 22(2)(b) the grounds for believing that the person has committed the offence; and Section 22(2)(c) a description as far as possible, of the property in respect of which the order is sought. Section 22(3)(a) after the investigation referred to in subsection (1) has concluded and has been decided not to make any complaint or give any information, in respect of the commission of any specified offence by that person; or Section 22(3)(b) where after the investigation referred to in subsection (1) a complaint has been made or information has been given a final decision has been given in respect thereof by a court having jurisdiction to give it. Section 22(4)(a) where there has been an appeal from a decision of a court, the decision on that appeal; or Section 22(4)(b) where there have been more appeals than one from such decision, the decision on the appeal last made. - 23 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 23. Transfer after notice of application for restraint order void
Transfers of property by a person who is subject to an application under section 22 are void while that application is pending, though the Court may order the provision to continue when an appeal is pending after dismissal.
Section 23. Transfer after notice of application for restraint order void Section Any transfer by any person against whom any application has been, made under section 22 of any property to which the application relates or any right or interest in such property shall, while the application is pending and subject to the other provisions of this Part be void: Provided that where an application under section 22 is dismissed by the Court, and the Director of Public Prosecutions intimates to the Court that he intends to appeal against the dismissal, the Court may direct that this section shall continue to apply in relation to the property in respect of which the application has been made until the appeal is finally disposed of. [Act No. 12 of 2012 , Sch.] - 24 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 24. Statement of assets and examination of respondent
The Court may direct the respondent to submit, within a Court-allowed time, a statement of all his assets and liabilities.
Section 24. Statement of assets and examination of respondent Section 24(1) The Court may, before or after an order is made on any application under section 22 , direct the respondent to submit, within such time as is allowed by the Court, a statement of all his assets and liabilities. Section 24(2)(a) refuses or fails to submit a statement of all his assets and liabilities; or Section 24(2)(b) submits a statement which is false or misleading in any material particular, - 25 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 25. Service of notice of application for restraint order
A copy of an application for a restraint order must be served on the respondent as if it were a notice of motion; the Court must give the respondent a reasonable opportunity to be heard before a final order and may make interlocutory orders and, pending a decision under section 22, may attach the respondent's movable property.
Section 25. Service of notice of application for restraint order Section 25(1) Subject to this Act, a copy of the application for a restraint order shall be served on the respondent in the same manner as if it is a notice of motion and the respondent shall be given by the Court a reasonable opportunity of being heard before a final order is made on the application in accordance with the rules of court made in respect thereof, or until rules are made, in accordance with the rules of court applicable to the hearing of motions. Section 25(2) Nothing in subsection (1) shall be deemed to prevent the Court from making such interlocutory orders as it deems appropriate to meet the ends of justice and to prevent the respondent from defeating the purposes of the provisions of this Part before the service of notice under subsection (1) on the respondent. Section 25(3) Without prejudice to subsection (2), the Court may, pending decision on an application under section 22 , attach any movable property of the respondent including moneys payable to him. - 26 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 26. Restraint order
Section 26 imposes restraint orders that prohibit disposing of specified property, requires possession to be handed to the Official Receiver, empowers the Official Receiver to recover property (using force if necessary), directs the Official Receiver to manage the property under court directions, and prohibits banks from paying out funds from accounts in the respondent's name.
Section 26. Restraint order Section 26(1)(a) prohibiting the respondent or any other person on his behalf, from disposing of, or otherwise dealing with, the property specified in the order or any interest therein; or Section 26(1)(b) prohibiting the respondent or the other person from disposing of or otherwise dealing with the property or interest therein otherwise than in such manner as may be specified in the order; or Section 26(1)(c) directing the Official Receiver to take custody and control of the property specified in the order and to manage or otherwise deal with the property in accordance with the directions of the Court. Section 26(2)(a) every person who is in possession of any property to which the order relates shall forthwith hand over the property to the Official Receiver, failing which the Official Receiver shall have power to recover possession of that property and for that purpose to break open any lock and to use such force as he deems reasonable; and Section 26(2)(b) without prejudice to subsection (1), a bank shall not pay to the respondent, or to any other person on the order or on behalf of the respondent any money from sums held in any current, deposit or other account in the bank in the name of the respondent. - 27 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 27. Notice of order under section 26
An order made under section 26 must be served on the respondent and published in at least one newspaper circulating in Kenya and in the Gazette; if the property is situated outside Kenya on the date of the order, it must also be published in at least one newspaper circulating in that country.
Section 27. Notice of order under section 26 Section An order made under section 26 shall be served on the respondent in the same manner as if it is an order of injunction and shall be published in at least one newspaper circulating in Kenya and in the Gazette and, where any property to which the order relates is situated in a country outside Kenya on the date of the order, in at least one newspaper having circulation in that country. - 28 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 28. Effect of restraint order
When a court has made a restraint order over property, transfers or interests in that property during the period the restraint order is in force are void.
Section 28. Effect of restraint order Section 28(1) Where a restraint order has been made by the Court in respect of any property all transfers of that property or any interest in that property, during the period when the restraint order is in force, shall be void. Section 28(2)(a) the mortgage or charge was created bona fide for valuable consideration; or Section 28(2)(a)(i) the mortgage or charge was created bona fide for valuable consideration; or Section 28(2)(a)(ii) the person in whose favour the mortgage or charge was created and registered was not concerned in, or privy to, the commission of a specified offence by the person against whom the restraint order has been made; or Section 28(2)(b) the recovery of any revenue due to the Government or a local authority by sale of any property referred to therein. Section 28(3) Where a restraint order has been made in respect of any property, the Attorney-General shall be made a party to any action or other proceeding for the enforcement of any mortgage or charge against the property. - 29 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 29. Duration of restraint order
A restraint order remains in force until it is revoked by the Court or the property is forfeited to the Government.
Section 29. Duration of restraint order Section Subject to this Part, a restraint order in respect of any property shall remain in force until it is revoked by the Court or the property, in respect of which it has been made, is forfeited to the Government. - 30 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 30. Offences in respect of restraint order
A person served with an order under section 26 who, while it is in force, contravenes or fails to comply with the order is guilty of an offence and may be imprisoned for up to ten years.
Section 30. Offences in respect of restraint order Section Any person on whom an order made under section 26 is served and who, while the order is in force, contravenes, or fails to comply with the order shall be guilty of an offence and liable to imprisonment for a period not exceeding ten years. - 31 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 31. Management of property by Official Receiver
The Official Receiver is not personally liable for certain statutory charges on property taken under a restraint order (except to the extent of rents and profits received) and is entitled to receive fees for managing such property equivalent to bankruptcy trustee fees under the Insolvency Act (Cap. 53).
Section 31. Management of property by Official Receiver Section 31(1)(a) give instructions to the Official Receiver in respect of the management of the property; and Section 31(1)(a)(i) give instructions to the Official Receiver in respect of the management of the property; and Section 31(1)(a)(ii) decide any question that may arise in the course of the management of the property by the Official Receiver; and Section 31(1)(b) on the application of the Director of Public Prosecutions or the Official Receiver direct the person against whom the restraint order has been made, to furnish to the Official Receiver, within such time as may be specified by the Court, such information and particulars relating to the property, in respect of which the restraint order has been made, as may be specified in the direction. Section 31(2)(a) for any loss or damage, arising from his having taken custody or control of any property, sustained by a person claiming the property or any interest in the property; of Section 31(2)(b) for the cost of proceedings taken to establish any claim to the property or to any interest in the property, Section 31(3) The Official Receiver shall not be personally liable for any taxes, duties, rates or other municipal or other statutory charges imposed by or under any law in respect of the property of any person of which he has been directed by a restraint order to take custody and control except to the extent if any of rents and profits received by the Official Receiver in respect of that property on or after the date of the restraint order. Section 31(4) On taking custody and control of a person's property in accordance with a restraint order, the Official Receiver becomes be entitled to receive, in respect of the performance of the Official Receiver's functions in relation to the property, fees equal to the fees that that would be payable if the Official Receiver were carrying out the functions of a bankruptcy trustee under the Insolvency Act (Cap. 53). [Act No. 12 of 2012 , Sch., Act No. 19 of 2015 , s. 26.] - 32 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 32. Exclusion of property, recognition of claims, and revocation of restraint order
People with title or an interest in property subject to a restraint order may apply to the Court (within 30 days) to have that property excluded; the Court may exclude it if satisfied the applicant has title, but must not make such an order if there are reasonable grounds to believe the applicant was involved in the specified offence. The Court may also entertain late applications if satisfied there are sufficient reasons, and subsection (4) sets conditions relating to complaints or information laid and a six‑month period.
Section 32. Exclusion of property, recognition of claims, and revocation of restraint order Section 32(1) Any person who has title to any property or claims an interest, including a mortgage or charge in or over any property in respect of which a restraint order has been made, may apply to the Court, within thirty days of the making of the restraint order, stating the particulars of his claim and if the Court is satisfied that the applicant has title to the property, the Court may exclude the property from the operation of the restraint order. Section 32(2) An application under subsection (1) may be entertained by the Court after the expiry of the period of thirty days if the Court is satisfied that there are sufficient reasons to do so. Section 32(3) No order in favour of any applicant under subsection (1) shall be made by the Court if there is reasonable ground to believe that the applicant was concerned in, or privy to, the specified offence alleged to have been committed by the person against whom the restraint order bas been made. Section 32(4)(a) before the expiry of six months or such further time as may be allowed by the Court in that behalf, from the date of the restraint order, no complaint is made or information is laid before any Court in respect of any specified offence against the person against whom the restraint order is made; or Section 32(4)(b) a complaint is made or information is laid against such person in respect of a specified offence and the complaint is dismissed or the person is discharged or acquitted by the court which tried him and there is no appeal from the dismissal of the complaint or the discharge or acquittal is confirmed on appeal, - 33 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 33. Staying of hearing of application under section 22
The Court may stay the hearing of an application made under section 22 until a final decision is made; the stay may be on application by the Director of Public Prosecutions or the respondent, or otherwise.
Section 33. Staying of hearing of application under section 22 Section Where an application has been made to the Court under section 22 against any person on the ground that he has committed a specified offence, the Court may, on the application either of the Director of Public Prosecutions or of the respondent, or otherwise, stay the hearing of the application until a final decision has been made in respect of the complaint or information. [Act No. 12 of 2012 , Sch.] - 34 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 34. Death of person against whom restraint order has been made
If a person subject to a restraint order dies before final determination of the related proceedings, any of his legal representatives may apply to the Court within sixty days of his death to revoke or vary the restraint order; the Court may, if satisfied the person committed the offence, make orders under section 42 with specified sections applying mutatis mutandis, or in other cases may revoke the restraint order.
Section 34. Death of person against whom restraint order has been made Section 34(1) Where a person against whom a restraint order has been made dies within the period specified in section 31 (1) (b) or before the complaint made or information laid against him in any court in respect of a specified offence is finally decided or any appeal against any, such decision is finally disposed by the court to which the appeal is made, any of his legal representatives may apply to the Court within sixty days of his death for the revocation or variation of the restraint order. Section 34(2)(a) where the Court is satisfied that the person against whom the restraint order was made had committed the specified offence referred to in the application for the restraint order under section 22 , the Court may make an order in accordance with the provisions of section 42 , and the provisions of section 36 , 37 , 38 , 39 and 41 (3), (4), (5) and (6)] shall mutatis mutandis apply to the proceedings under this subsection; and Section 34(2)(b) in any other case, the Court may revoke the restraint order. - 35 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 35. Variation of restraint order
Title: Variation of restraint order.
Section 35. Variation of restraint order - 36 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 36. Forfeiture of property
If any person commits a specified offence, all property they owned at the time of the offence or acquired after shall be forfeited to the Government.
Section 36. Forfeiture of property Section Subject to this Part, where any person has committed a specified offence, all the property owned by him on the date of commission of that offence or acquired by him after that date shall be forfeited to the Government. - 37 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 37. Section 36 not to affect certain liabilities
Section 36 does not affect liabilities of a mortgage or charge created before the commission of the specified offence if it was created bona fide and for valuable consideration.
Section 37. Section 36 not to affect certain liabilities Section the mortgage or charge was created before the commission of the specified offence bona fide and for valuable consideration; - 38 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 38. Provision for maintenance of wife and children
Section 38 provides for maintenance payable from property placed at the disposal of the Official Receiver to the wife (if living) and any minor children, directs the Court to consider property released under section 40 when valuing that property, allows the Court to vary decisions on application, and requires forfeiture to the Government when maintenance ceases.
Section 38. Provision for maintenance of wife and children Section 38(1)(a) his wife, if he has a wife living; and Section 38(1)(b) minor child or children, if any, Section 38(2) In determining the value of the property to be placed at the disposal of the Official Receiver under subsection (1) the Court shall have regard to the property released under section 40 to the person against whom the order for forfeiture of property is proposed to be made. Section 38(3) The Court may, on application of the Director of Public Prosecutions, the Official Receiver or any person to whom maintenance is payable under subsection (1) vary its decision in respect of the matters referred to therein. Section 38(4) When maintenance ceases to be payable to the wife and all the children of the person whose property is liable to forfeiture under section 36 , the Court shall order the properly placed at the disposal of the Official Receiver under subsection (1), including accretions thereto, or the balance of such properly including accretion thereto, to be forfeited to the Government. [Act No. 12 of 2012 , Sch.] - 39 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 39. Provision for payment of moneys owed
Allows a person owed money to apply to the Court to have property forfeited and used to pay those moneys within thirty days of notice publication.
Section 39. Provision for payment of moneys owed Section 39(1) Where a person, in respect of whom a notice has been published under section 41 (2) or (5), owed immediately before the commission by him of the relevant specified offence, moneys not secured by or charged on property liable to forfeiture under section 36 , any person to whom the moneys were due may apply to the Court within thirty days of the publication of the notice in a newspaper or such further time as may be allowed by the Court, requesting that such part of the property be liable to forfeiture and placed at the disposal of the Official Receiver for the payment of the moneys so owed. Section 39(2)(a) whether the liability was incurred bona fide : Section 39(2)(b) the secured debts of the person; Section 39(2)(c) the revenues that the person owes to the Government or any local authority; and Section 39(2)(d) the proportion of the total liabilities of the person to his total assets. - 40 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 40. Claim by person who has committed a specified offence
If the Court is satisfied the applicant acquired property by a manner listed in subsection (1), the Court must, subject to any terms and conditions it specifies, exclude that property from forfeiture under section 36.
Section 40. Claim by person who has committed a specified offence Section 40(1)(a) by succession; or Section 40(1)(b) by gift from a relation who was not concerned in or privy to, the specified offence of which he was convicted or with reference to which the application for forfeiture has been made under section 41 (4), or any other offence under this Act; or Section 40(1)(c) with moneys earned by him through lawful means. Section 40(2) Where the Court is satisfied that the property was acquired by the person applying under subsection (1) in any manner specified in that subsection, the Court shall, subject to any terms and conditions as may be specified by it, exclude it from the property forfeited to the Government under section 36 . Section 40(3) In this section, "relation" includes, in the case of a man, his wife or reputed wife and in the case of a woman her husband or reputed husband. - 41 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 41. Procedure in respect
Courts other than the High Court must report convictions for specified offences to the High Court; the High Court (or the Court on application) must publish notices in a newspaper and the Gazette about convictions or applications and the rights to apply for relief; the Director of Public Prosecutions may apply to recover forfeiture under section 36.
Section 41. Procedure in respect Section 41(1) Where any person has been convicted of a specified offence, and the court convicting him is a court other than the High Court, the court convicting him shall, as soon as possible after such conviction make a report to the High Court stating the particulars of the person so convicted, the offence of which he was convicted and such other particulars as may be prescribed by regulations. Section 41(2) The High Court on receiving the report under subsection (1) in respect of any person, of on convicting any person for a specified offence, shall publish in a newspaper circulating in Kenya and in the Gazette , a notice stating the fact of such conviction, the liability for his property to be forfeited and the right of any person referred to in section 37 , 38 (1) or 39 (1) or by the person in respect of whom the notice is published to apply, within such time as may be specified therein (which shall in the case of an application under section 39 (1) or 40 (1) be consistent with those provisions), for any relief to which he is entitled under section 37 , 38 , 39 or 40 . Section 41(3) For the purposes of this Part, the conviction of a person for a specified offence shall be deemed to be conclusive evidence that he has committed the specified offence. Section 41(4) Without prejudice to the provisions of subsections (1) and (2), the Director of Public Prosecutions may apply to the Court to recover any forfeiture imposed by section 36 . Section 41(5) Where any application is made under subsection (4), the Court shall, as soon as possible after the application is made, publish in a newspaper circulating in Kenya and in the Gazette a notice stating the fact of the application having been made and the right of any person referred to in section 37 , 38 or 39 (1) or by the person in respect of whom the notice is published to apply, within such time as may be specified therein (which shall in the case of an application under section 39 (1) or 40 (1) be consistent with those provisions), for any relief to which he is entitled under section 37 , 38 , 39 or 40 . Section 41(6)(a) to determine his property with respect to any matter relating to an application made under section 37 , 38, 39 or 40; or Section 41(6)(b) where he has not been convicted of the specified offence referred to in the application under subsection (4), with his consent, in respect of the specified offence he is alleged to have committed, - 42 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 42. Forfeiture order
When an order relates to immovable property forfeited to the Government, the Commissioner of Lands or Chief Land Registrar must note the order and annotate the land records as necessary.
Section 42. Forfeiture order Section 42(1)(a) whether, the person against whom the application has been made has committed a specified offence; Section 42(1)(b) the property of that person; Section 42(1)(c) any mortgage or charge secured by or over the property; Section 42(1)(d) the property placed at the disposal of the Official Receiver under section 39 (1) and the sums of money the Official Receiver has to pay in respect of the person mentioned in section 38 (1) (a) or (b), the person to whom the sum payable in respect of each minor chid shall be paid and the dates of payment; Section 42(1)(e) the property excluded from forfeiture under section 40 ; Section 42(1)(f) the Property forfeited to the Government; and Section 42(1)(g) the extent to which any property forfeited to the Government, shall be liable for arrears of revenue due to a local authority. Section 42(2) A notice shall be published in a newspaper circulating in Kenya and in the Gazette stating the particulars of the property placed at the disposal of the Official Receiver and the property forfeited to the Government under subsection (1). Section 42(3) An Order under subsection (1) so far as it relates to immovable property forfeited to the Government shall be treated for all purposes as if it were a transfer or other document effecting the transfer or other document effecting the transfer of immovable property and the Commissioner of Lands or Chief Land Registrar, as the case may be, shall take due notice thereof and shall make such annotations on the records as may be necessary. - 43 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 43. Effect of forfeiture order
A forfeiture order makes listed mortgages unenforceable, vests forfeited property in the Government (subject to specified charges), requires possession to be handed to a specified officer on production of a certified copy, and requires land records to be annotated on production of a certified copy.
Section 43. Effect of forfeiture order Section 43(1)(a) no mortgage or charge in favour of any person or authority (not being the Government or a local authority) other than a mortgage or charge mentioned in the order as being secured by any or all of the property in respect of which the order is made, shall be enforceable by any court or other authority in respect of the property stated in the order; and Section 43(1)(b) the property stated in the order as forfeited to the Government shall vest in the Government absolutely subject only to any mortgage or charge, or arrears of revenue due to a local authority, to which, as expressly stated in the order, the property is subject. Section 43(2) An order under section 42 (1) in respect of immovable property shall be treated for all purposes as if it were a transfer or other document effecting the transfer of immovable property and on the production of a certified copy of the order the Chief Land Registrar or the Commissioner of Lands, as the case may be, shall make such annotations on the records as may be necessary. Section 43(3) Every person who is in possession of any property forfeited to the Government under section 42 (1) shall, on the production of a certified copy of the order, forthwith hand over possession of it to the officer specified in that behalf, by the Cabinet Secretary for the time being responsible for finance, by general or special order. Section 43(4) Without prejudice to the provisions of subsection (3), an order under section 42 (1) may be executed as if it were an order for the delivery of possession of movable or immovable property, as the case may be. - 44 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 44. Penalty for contravention of section 43(3)
Anyone who contravenes section 43(3) commits an offence and is liable to a fine at least equal to the value of the property not handed over, and to imprisonment for one year.
Section 44. Penalty for contravention of section 43(3) Section Any person who contravenes the provisions of section 43 (3) shall be guilty of an offence and liable to a fine which shall not be less than the value of the property, the possession of which he refuses or fails to hand over in addition to imprisonment for one year. - 45 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 45. Restoration of forfeited property
If a person's conviction for a specified offence is set aside on appeal, that person may apply to the Court to have forfeited property restored; the Court may, after giving notice to the Director of Public Prosecutions, after hearing the applicant and the Director of Public Prosecutions and after receiving and considering any necessary evidence, make such order as it thinks proper and just.
Section 45. Restoration of forfeited property Section 45(1) Where the conviction of any person for a specified offence is set aside by a court hearing any appeal against the conviction, that person may apply to the Court to restore to him the property so forfeited. Section 45(2) The Court to which any application is made under subsection (1), may, after giving notice to the Director of Public Prosecutions and after hearing the applicant and the Director of Public Prosecutions and receiving and considering any evidence that it considers necessary for a proper decision, in the matter, make such order as it thinks proper and just. [Act No. 12 of 2012 , Sch.] - 46 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 46. Arrangement regarding tracing, realization, etc., of property in a country outside Kenya
The Government of Kenya may enter into arrangements with other countries to recover, trace, preserve and hand over property in that country that has been ordered forfeited under section 42 or is linked to a suspected offence under this Act.
Section 46. Arrangement regarding tracing, realization, etc., of property in a country outside Kenya Section The Government of Kenya may enter into an arrangement with the Government of any other country and make provisions for the recovery and handing over of possession to the Government of Kenya, of any property in respect of which an order of forfeiture has been made under section 42 and which is in that country of for tracing and preserving any property in that country owned by or under the control of any person who has, or is suspected to have, committed any offence under this Act. - 47 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 47. Arrangement regarding tracing, realization, etc., of property in Kenya
The Government of Kenya may enter into reciprocal arrangements with other countries for recovering or tracing property in Kenya and handing it over to that country.
Section 47. Arrangement regarding tracing, realization, etc., of property in Kenya Section 47(1) The Government of Kenya may enter into an arrangement on a reciprocal basis with the Government of any other country in respect of the recovery, and handing over of possession to the Government of that country of any property in Kenya which is confiscated by or forfeited to the Government of that country in consequence of the commission by any person of an offence against a corresponding law of that country or for tracing and preserving any property in Kenya owned by or under the control of any person who has or is suspected to have, committed an offence against such corresponding law. Section 47(2) Where an arrangement referred to in subsection (1) has been entered into between the Government of Kenya and the Government of any other country, the Cabinet Secretary may, by order, give effect to that arrangement and prescribe the procedure in relation to the recovery and handing over of possession to the Government of that country, or tracing and preserving, of any property to which the arrangement applies. Section 47(3) An order made under subsection (2) shall be laid before the National Assembly without unreasonable delay, and if a resolution is passed by the Assembly within twenty days on which is next sits after the order is so laid that the order be annulled, it shall henceforth be void, but without prejudice to the validity of anything previously done thereunder, or to the issuing of a new order. - 48 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 48. Procedure
Proceedings under this Part are treated as civil proceedings; the practice and procedure of the Court (or any other court) in matters under this Part is governed by regulations made by the Attorney-General and by rules of court subject to those regulations.
Section 48. Procedure Section 48(1) Proceedings under this Part shall be deemed to be civil proceedings. Section 48(2) Subject to this Part, the practice and procedure of the Court or any other court in regard to any matter referred to in this Part shall be governed by regulations made by the Attorney-General and, subject to any such regulations by rules of court. - 49 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 49.[Repealed by Act No. 9 of 2009, Sch.]
Section 49 is repealed.
Section 49.[Repealed by Act No. 9 of 2009, Sch.] - 50 Verify source ↗
RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME - 50. Provisions of Part in addition to and not in derogation of Part II and III
The provisions in this Part are additional to, and not in derogation of, Parts II and III concerning forfeiture of land, narcotic drugs and psychotropic substances, conveyances, or any other article or thing.
Section 50. Provisions of Part in addition to and not in derogation of Part II and III Section The provision of this Part shall be in addition to, and not in derogation of, the provision of Part II and Part III in relation to forfeiture of any land, narcotic drug and psychotropic substance, conveyance or any other article or thing.
Part V
REHABILITATION
- 51 Verify source ↗
REHABILITATION - 51. Interpretation of Part
Defines terms: "Centre", "Council", "Fund", and "Minister" for this Part.
Section 51. Interpretation of Part Section In this Part— "Centre" means a rehabilitation centre established under section 52 ; "Council" means the Advisory Council for the Rehabilitation of Narcotic Addicts appointed under section 56 ; "Fund" means the Rehabilitation Fund established under section 53 ; "Minister" means the Cabinet Secretary for the time being responsible for health. - 52 Verify source ↗
REHABILITATION - 52. Rehabilitation Centres
The Cabinet Secretary may establish rehabilitation centres as he thinks fit to care for, treat and rehabilitate persons addicted to narcotic drugs or psychotropic substances.
Section 52. Rehabilitation Centres Section The Cabinet Secretary may establish such number of rehabilitation centres as he thinks fit for the care, treatment and rehabilitation of persons addicted to narcotic drugs or psychotropic substances. - 53 Verify source ↗
REHABILITATION - 53. Rehabilitation Fund
The Cabinet Secretary must establish a special fund called the Rehabilitation Fund.
Section 53. Rehabilitation Fund Section 53(1) The Cabinet Secretary shall establish a special fund to be known as the Rehabilitation Fund. Section 53(2)(a) such sums as may be provided by Parliament; Section 53(2)(b) such portion of the property forfeited to the Government under Part IV as may be assigned to the Fund by the Cabinet Secretary for the time being responsible for finance by order published in the Gazette ; Section 53(2)(c) sums or other property received by the Fund by way of fees, contribution, gift or grant from or by way of testamentary bequest by any person; Section 53(2)(d) such sums as may be allocated from time to time to the Fund from loan funds. Section 53(2)(e) moneys earned or arising from any property, investments, mortgages and debentures acquired by, or vested in, the Fund; Section 53(2)(f) any property, mortgages, debentures, or investments, acquired by, or vested in, the Fund; Section 53(2)(g) sums borrowed by the Fund for the purposes of meeting any of its obligations or discharging any of its functions; and Section 53(2)(h) all other sums or other property which may in any manner become payable to, or vested in, the Fund. Section 53(3) For the purposes of this section "loan funds" means such sums as may be made available from time to time by the Government by way of loan. Section 53(4) Where by an order under subsection (2) (b) any immovable property is assigned to the Fund, the Cabinet Secretary shall deal with the property in such manner as he thinks fit and may sell the property and use the proceeds of sale for the purposes for which the Fund is established. Section 53(5) The Fund shall be used for meeting the capital and current expenditure relating to the Centres. - 54 Verify source ↗
REHABILITATION - 54. Board to manage the Fund
The Fund shall be administered by a Board made up of the Principal Secretary to the National Treasury and two other persons appointed by the Cabinet Secretary responsible for finance, one of whom shall be Chairperson; the Board may, with the Cabinet Secretary's approval, invest or deposit Fund moneys and credit interest to the Fund.
Section 54. Board to manage the Fund Section 54(1) Subject to this Part, the Fund shall be administered by a Board consisting of the Principal Secretary to the National Treasury and two other persons appointed by the Cabinet Secretary responsible for finance in consultation with the Cabinet Secretary, of whom one shall be appointed as the Chairperson. Section 54(2) The Board may, with the approval of the Cabinet Secretary for the time being responsible for finance, invest or place on a deposit account any of the moneys of the Fund and any interest earned on moneys so invested or deposited shall be placed to the credit of the Fund. - 55 Verify source ↗
REHABILITATION - 55. Management of the Fund
The section allows conditions on the use of any expenditure authorized by the Board and states those conditions may include reasonable prohibitions, restrictions or requirements on such use or expenditure.
Section 55. Management of the Fund Section impose conditions as to the use to be made of any expenditure authorized by the Board and such conditions may impose any reasonable prohibitions, restrictions or requirements concerning such use or expenditure; - 56 Verify source ↗
REHABILITATION - 56. Advisory council for rehabilitation of narcotic addicts
The Cabinet Secretary must appoint an Advisory Council for the Rehabilitation of Narcotic Addicts (a Chairperson and up to fifteen other qualified persons) and must prescribe members' terms and conditions by regulations.
Section 56. Advisory council for rehabilitation of narcotic addicts Section 56(1) The Cabinet Secretary shall appoint a council to be known as the Advisory Council for the Rehabilitation of Narcotic Addicts consisting of a Chairperson and such number of other persons, not exceeding fifteen, as the Cabinet Secretary thinks fit, from among persons who are qualified and have had experience of, and shown capacity in, matters relating to the care, treatment and rehabilitation of persons addicted to narcotic drugs or psychotropic substances or, in administration or finance. Section 56(2) The terms and conditions of appointment of the Chairperson and other members of the Council shall be such as shall be prescribed by the Cabinet Secretary by regulations. - 57 Verify source ↗
REHABILITATION - 57. Functions of the Council
The Council must advise the Cabinet Secretary on matters referred to it by the Cabinet Secretary about administration of the Centres and care, treatment and rehabilitation of drug addicts.
Section 57. Functions of the Council Section The Council shall advise the Cabinet Secretary on such matters as may be referred to it by the Cabinet Secretary, relating to the administration of the Centres and the care, treatment and rehabilitation drug addicts. - 58 Verify source ↗
REHABILITATION - 58. Commital of persons to Centres
Courts may order part of a prison term to be served in a rehabilitation Centre for offenders addicted to narcotics, may vary or revoke such orders on application, and may grant remission if the offender completes treatment and is no longer an addict.
Section 58. Commital of persons to Centres Section 58(1) A court convicting any person for an offence under this Act may, if the court is satisfied that he is addicted to a narcotic drug or psychotropic substance and that he is in possession of the narcotic drug or psychotropic substance only for his personal consumption order that such part, as it thinks fit, of the period of imprisonment imposed on him be spent in a Centre specified by the court. Section 58(2) The court may, on the application of the Director of Public Prosecutions or the person convicted or otherwise, vary or revoke the order. Section 58(3) Where on the report of the officer in charge of the Centre to which a convicted person is continued under subsection (1), or otherwise, the court which committed him to the Centre is satisfied that the convicted person has successfully undergone the treatment and rehabilitation programme of the Centre and that he is no longer an addict the court may having regard to all the circumstances of the case, grant remission of the whole or part of the remaining period of imprisonment imposed on him. [Act No. 4 of 2022 , s. 9.]
Part VI
INTERNATIONAL ASSISTANCE IN DRUG INVESTIGATION AND PROCEEDINGS
- 59 Verify source ↗
INTERNATIONAL ASSISTANCE IN DRUG INVESTIGATION AND PROCEEDINGS - 59. Request by Kenya to other countries
Section 59 lets Kenya request various forms of assistance from other countries (evidence, warrants, witnesses, enforcement of orders, service of notices, or other assistance). It also allows other countries to make such requests to the Director of Public Prosecutions, and permits the Director to request information and requires the Director to act on received information.
Section 59. Request by Kenya to other countries Section 59(1)(a) evidence to be taken, or information, documents or articles to be produced or obtained in that country; or Section 59(1)(b) a warrant or other instrument authorizing search and seizure to be obtained and executed in that country; or Section 59(1)(c) a person from that country to come to Kenya to assist in the investigation or proceedings; or Section 59(1)(d) a restraint order or foreiture order made under this Act to be enforced, in that country, or a similar order to be obtained and executed in that country; or Section 59(1)(e) an order or notice under this Act to be served on a person in that country; or Section 59(1)(f) other assistance to be provided, whether pursuant to a treaty or arrangement between Kenya and that country or otherwise. Section 59(2) Requests by other countries to Kenya for assistance of a kind specified in subsection (1) may be made to the Director of Public Prosecutions. Section 59(3) The Director of Public Prosecutions, may request for information, evidence and particulars, where any person, including a foreign government, state or organization or entity alleges or has information that any person in Kenya has committed an offence under this Act, and shall upon receiving such information, evidence and particulars carry out the same in accordance with the law. [Act No. 12 of 2012 , Sch., Act No. 4 of 2022 , s. 10.] - 60 Verify source ↗
INTERNATIONAL ASSISTANCE IN DRUG INVESTIGATION AND PROCEEDINGS - 60. Evidence, etc. obtained from another country
Evidence obtained from another country be received in evidence in Kenya.
Section 60. Evidence, etc. obtained from another country Section be received in evidence in Kenya; - 61 Verify source ↗
INTERNATIONAL ASSISTANCE IN DRUG INVESTIGATION AND PROCEEDINGS - 61. Transfer to Kenya of a person to assist in an investigation or proceedings
A request under paragraph (c) of section 59 authorizes the entry, departure and presence in Kenya of the person who is the subject of the request; detention in transit and in Kenya is authorized where the person is in custody, and the Director of Public Prosecutions may specify places for detention.
Section 61. Transfer to Kenya of a person to assist in an investigation or proceedings Section 61(1) The effect of a request under paragraph (c) of section 59 shall be to authorize the entry into and departure from Kenya of the person who is the subject of the request, as well as the presence of the person in Kenya for so long as required for the purposes of the request. Section 61(2) Where the person who is the subject of a request under paragraph (c) of Section 59 is in custody in the other country by virtue of a sentence or order of a court or tribunal exercising criminal jurisdiction, the effect of a request under that paragraph shall be to authorize the detention in custody of the person, in transit to and from Kenya, and while in Kenya at such places as the Director of Public Prosecutions may specify. Section 61(3)(a) be detained, prosecuted or punished for any offence that is alleged to have been committed, or was committed, prior to that person's departure from the requested country pursuant to the request; Section 61(3)(b) be subjected to any civil suit in respect of any act or omission that is alleged to have occurred, or occurred, prior to that person's departure from the requested country pursuant to the request; Section 61(3)(c) in any criminal proceeding in Kenya; or Section 61(3)(c)(i) in any criminal proceeding in Kenya; or Section 61(3)(c)(ii) subject to the requesting country conceding any claim by the person to a privilege or immunity under the law of the requested country in any criminal proceedings in the requested country; or Section 61(3)(d) be required to give evidence or produce a document or thing in any proceeding in Kenya other than the prceeding to which the request relates. - 62 Verify source ↗
INTERNATIONAL ASSISTANCE IN DRUG INVESTIGATION AND PROCEEDINGS - 62. Requests to Kenya for evidence
The Attorney-General may nominate a Kenyan court to receive evidence for foreign investigations or proceedings; the nominated court has powers to secure witnesses, administer oaths and receive evidence; the court must certify or verify such evidence as the Attorney-General specifies and furnish it to the Attorney-General for transmission to the requesting country.
Section 62. Requests to Kenya for evidence Section 62(1) Where another country requests assistance from Kenya in obtaining evidence for the purpose of an investigion or a proceeding in relation to an offence under corresponding law of that country, the Attorney-General may nominate a court in Kenya to receive such evidence as appears to the court appropriate in order to give effect to the request. Section 62(2) The court nominated pursuant to subsection (1) shall have the same power to secure the attendance of witnesses administer oaths and receive evidence as it has for the purposes of other proceedings before the court. Section 62(3) The evidence received by the court shall be certified or verified by the court in such manner as the Attorney-General specifies and then furnished to the Attorney-General for transmission to the requesting country. - 63 Verify source ↗
INTERNATIONAL ASSISTANCE IN DRUG INVESTIGATION AND PROCEEDINGS - 63. Requests to Kenya for search warrants
The Director of Public Prosecutions may apply to a Kenyan court for a search and seizure warrant when another country requests assistance to obtain and execute such a warrant.
Section 63. Requests to Kenya for search warrants Section 63(1) Where another country requests assistance from Kenya in obtaining and executing a search and seizure warrant for the purposes of an investigation or proceedings relating to the corresponding law of that country, the Director of Public Prosecutions may apply to the court for the warrant requested. Section 63(2)(a) a proceeding or investigation relating to a drug offence has commenced in the requesting country; and Section 63(2)(b) there are reasonable grounds for believing that a thing relevant to the investigation or proceedings is located in Kenya, Section 63(3) The laws of Kenya with respect to the procedure for the making and disposal of an application for and execution of a search warrant shall apply, as if the application were for the issue of a warrant under the Criminal Procedure Code ( Cap. 75 ). [Act No. 12 of 2012 , Sch.] - 64 Verify source ↗
INTERNATIONAL ASSISTANCE IN DRUG INVESTIGATION AND PROCEEDINGS - 64. Requests to Kenya for the enforcement of certain orders
If the Director of Public Prosecutions applies to the High Court to register an order under subsection (1), the High Court must register that order.
Section 64. Requests to Kenya for the enforcement of certain orders Section 64(1)(a) a court or tribunal of another country issues a restraint order, forfeiture order or pecuniary penalty order in respect of an offence against the corresponding law of that country; and Section 64(1)(b) that country requests assistance from Kenya in enforcing those orders against property believed to be located in Kenya, Section 64(2) Where the Director of Public Prosecutions applies to the High Court for registration of an order under subsection (1) the High Court shall register the order. Section 64(3) An order registered in accordance with this section has effect and may be enforced, as if it were an order made under section 26 or 42 , as the case may be. [Act No. 12 of 2012 , Sch.]
Part VII
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 65. Jurisdiction
Conduct that would be a specified offence if committed in Kenya is also that offence if committed on a Kenyan ship or aircraft.
Section 65. Jurisdiction Section Any conduct which would constitute a specified offence if engaged in Kenya shall constitute that offence if engaged in a Kenyan ship or aircraft. - 66 Verify source ↗
MISCELLANEOUS PROVISIONS - 66. Offences by body corporate
If an offence by a company is shown to have been committed with the consent, connivance or neglect of a director, manager, secretary or similar officer (or someone acting as such), that person as well as the company shall be guilty and may be proceeded against and punished; the convicting court may order deregistration if the company is registered under written law.
Section 66. Offences by body corporate Section Where any offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate, shall be guilty of that offence and my be liable to be proceeded against and punished accordingly and in addition the court convicting may, where such body corporate is registered under such written law, make an order directing that such body corporate be de-registered. - 67 Verify source ↗
MISCELLANEOUS PROVISIONS - 67. Analysts
The Cabinet Secretary may, in consultation with the Cabinet Secretary responsible for health, by notice in the Gazette and from time to time designate any duly qualified analyst whose qualification the Cabinet Secretary shall prescribe for purposes of the Act.
Section 67. Analysts Section 67(1) The Cabinet Secretary, in consultation with the Cabinet Secretary for the time being responsible for matters relating to health, may from time to time by notice in the Gazette designate any duly qualified analyst whose qualification shall be prescribed by the Cabinet Secretary for the purposes of the Act. Section 67(2) In any prosecution or other proceedings under this Act a certificate signed or purported to he signed by an analyst, designated under subsection (1), stating that he has analyzed or examined any substance and the result of his analysis or examination, shall be admissible in evidence and shall be prima facie evidence of the statements contained in the certificate and of the authority of the person giving or making the same, without any proof of appointment or designation or signature. [Act No. 7 of 2007 , Sch.] - 68 Verify source ↗
MISCELLANEOUS PROVISIONS - 68. Burden of proof in respect of certain matters
In prosecutions under this Act, the defendant must prove licences, authorities, or other exceptions; the prosecution is not required to disprove those matters by evidence.
Section 68. Burden of proof in respect of certain matters Section In any proceedings against any person for an offence under this Act, it shall not be necessary for the prosecution to negative by evidence any licence, authority, or other matter of exception or defence, and the burden of proving any such matter shall be on the person seeking to avail himself thereof. - 69 Verify source ↗
MISCELLANEOUS PROVISIONS - 69. Power to question and request production of documents, etc.
Persons must answer questions and produce documents when requested in relation to relevant matters; police officers may take copies of produced documents. Requests to produce may specify a reasonable time not exceeding seven days.
Section 69. Power to question and request production of documents, etc. Section 69(1)(a) question any person in respect of any matter relevant to that purpose, and such person shall answer fully and truthfully all such questions; or Section 69(1)(b) request any person to produce before the police officer within such reasonable time not exceeding seven days as may be specified by him, or to allow him access to documents or other materials in the possession or control of such person and relevant to the aforesaid purpose, and such person shall fully and truthfully comply with that request. Section 69(2) A police officer may take one or more copies of any document produced before him, or to which he is allowed to have access, under this section. Section 69(3)(a) shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of any information imposed by any written law, other than this Act, or otherwise; and Section 69(3)(b) shall not confer any right to production of, or to have access to, items subject to legal privilege or excluded material. Section 69(4) Where the documents or other material in respect of which a request to produce or to be allowed access is made under subsection (1)(b), consists of information contained in a computer, the request shall have effect as a request to produce the material in a form in which it can be taken away or, as the case may be, as a request to give access to the material in a form in which it is visible and legible. - 70 Verify source ↗
MISCELLANEOUS PROVISIONS - 70. Interpretation
Communications between an advocate and the advocate's client made in connection with giving legal advice are described as privileged; items held to further a criminal purpose are not privileged.
Section 70. Interpretation Section 70(1)(a) communications between an advocate and his client or any person representing his client, made in connection with the giving of legal advice to the client; Section 70(1)(b) an advocate and his client or any person representing his client; or Section 70(1)(b)(i) an advocate and his client or any person representing his client; or Section 70(1)(b)(ii) between an advocate, or his client, or any such representative and any other person; Section 70(1)(c) in connection with the giving of legal advice; or Section 70(1)(c)(i) in connection with the giving of legal advice; or Section 70(1)(c)(ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings, when the items are an the possession of a person who is entitled to possession of them. Section 70(2) Any item held with the intention of furthering a criminal purpose is not an item subject to legal privilege. Section 70(3)(a) personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence; or Section 70(3)(b) human tissue or tissue fluid which has been taken for the purpose of diagnosis or medical treatment and which a person holds in confidence; or Section 70(3)(c) journalistic material which a person holds in confidence and which consists of documents or of records other than documents. Section 70(4)(a) to an express or implied undertaking to hold it in confidence; or Section 70(4)(b) to a restriction on disclosure or an obligation of secrecy contained in any written law whether made or enacted before or after the commencement of this Act. Section 70(5)(a) he holds it subject to such an undertaking, restriction or obligation; and Section 70(5)(b) it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism. Section 70(6)(a) his physical or mental health; Section 70(6)(b) spiritual counselling or assistance given or to be given to him; or Section 70(6)(c) by reason of his office or occupation has responsibilities for his personal welfare; or Section 70(6)(c)(i) by reason of his office or occupation has responsibilities for his personal welfare; or Section 70(6)(c)(ii) by reason of an order of a court has responsibilities for his supervision; Section 70(6)(a) any map, plan, graph or drawing; Section 70(6)(b) any photograph; Section 70(6)(c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without and of some other equipment) of being reproduced therefrom; and Section 70(6)(d) any film, microfilm, negative, tape or other device in which one or more visual images are embodied so as to be capable of being reproduced therefrom. - 71 Verify source ↗
MISCELLANEOUS PROVISIONS - 71. Inspection
Authorized police officers, persons written-authorized by the Inspector General of Police, the Director of Medical Services or persons he authorizes have the power to enter premises of those dealing in narcotic drugs or psychotropic substances, demand and inspect related books/documents and stocks, and seize and detain any such substances deemed below standard or unfit for medicinal use for the purpose of executing the Act.
Section 71. Inspection Section Any police officer or any other person authorized in writing by the Inspector General of Police for the purposes of this section, the Director of Medical Services or any person authorized by him shall, for the purpose of the execution of this Act, have power to enter the premises, or other place, of any person lawfully carrying on business as a producer, manufacturer, seller or distributor of, or otherwise dealing in, any narcotic drugs or psychotropic substances and to demand the production of, and to inspect, any books or documents relating to his dealings in any such narcotic drug or psychotropic substance and to inspect any stocks of any such narcotic drugs or psychotropic substances and seize and detain any narcotic drug or psychotropic substance, which in the opinion of such authorized person, is below standard or unfit for use for medicinal purposes. - 72 Verify source ↗
MISCELLANEOUS PROVISIONS - 72. Power to search person, vehicles, etc.
Section 72 gives police officers (and persons the Inspector General authorizes in writing) powers to stop and search persons and conveyances, seize and detain evidence, arrest and detain persons pending magistrate appearance, enter and search vehicles and break open doors, and to use reasonable assistance and force.
Section 72. Power to search person, vehicles, etc. Section 72(1)(a) stop and search that person and any conveyance in which the is and any package in his possession or under his control; Section 72(1)(b) seize and detain for the purposes of proceedings under this Act any narcotic drug or psychotropic substance or any other thing (including any conveyance) which appears to be evidence of the commission of an offence under this Act, found in the course of the search; and Section 72(1)(c) arrest and detain the person until he can be brought before a magistrate as soon as is reasonably practicable, and dealt with according to law. Section 72(2) Any police officer, or any other person authorized in writing by the Inspector General of Police for the purposes of this section who has reasonable cause to suspect that any motor vehicle, aircraft, ship, carriage or other conveyance was, or is being made use of in the commission of any office under this Act may stop and enter and search the motor vehicle, aircraft, ship, carriage or other conveyance and may for that purpose break open any door and remove any other impediment or obstruction to such entry. Section 72(3) A police officer or authorized person referred to in subsection (1) or (2) may use such assistance and such force as may be reasonable for carrying out his functions under those subsections. - 73 Verify source ↗
MISCELLANEOUS PROVISIONS - 73. Power to search premises
Police officers authorized by warrant may enter and search premises and seize items; officers of a specified rank may exercise those powers without a warrant where delay would defeat the purpose, provided reasons are recorded in writing.
Section 73. Power to search premises Section 73(1)(a) an offence under this Act has been, or is being or is planned to be, committed and that evidence of the commission of, or plan to commit the offence is to be found on any premises or other place; or Section 73(1)(b) an offence under this Act; or Section 73(1)(b)(i) an offence under this Act; or Section 73(1)(b)(ii) in the case of a transaction or dealing carried out or intended to be carried out in any place outside Kenya, an offence against any corresponding law in force in that place, Section 73(2) A police officer authorized by any warrant under subsection (1) to search any premises or other place may enter and search such promises or other place (including any receptacle found therein) and every person found therein or who the police officer has reasonable ground to believe, has recently left those premises or that other place, and for that purpose may use such assistance and such force as may be reasonable and may break open any lock, and may seize any narcotic drug or psychotropic substance, or document or other material referred to in subsection (1), found therein or on any such person, and any other article or thing which has reasonable ground to believe to be evidence of the commission or intended commission of any offence under this Act. Section 73(3)(a) liable for forfeiture under Part IV; Section 73(3)(b) in respect of which a restraint order has been made under section 26 ; or Section 73(3)(c) liable for forfeiture under section 36 , Section 73(4) A police officer authorized by any warrant under subsection (3) to search any person, animal, thing, receptacles premises or other place may search the person, animal, thing or receptacle or may enter and search any building or other place, and for that purpose may use such assistance and such force as may be reasonable, and may break open any lock, and seize any movable property, referred to in subsection (3) found thereon or therein. Section 73(5) Where any police officer not below such rank as may be specified by regulations is, for reasons to be recorded in writing, satisfied that the delay caused by the time required to apply for and obtain a warrant to enter and search under subsection (1) or (3) would defeat the purpose of the search he may exercise the powers conferred on him by subsection (2) or (4) in relation to search and seizure without obtaining any warrant for search under subsection (1) or (3). - 74 Verify source ↗
MISCELLANEOUS PROVISIONS - 74. Seizure of narcotic drugs, etc.
Police officers and persons authorized in writing by the Inspector General of Police may seize and detain articles and things liable to forfeiture under this Act, subject to the Act.
Section 74. Seizure of narcotic drugs, etc. Section Subject to this Act, all articles and things, including any narcotic drug or psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance, that are liable to forfeiture under any provision of this Act may be seized and detained by any police officer or any other person authorized in writing by the Inspector General of Police for the purposes of this Act. - 74A Verify source ↗
MISCELLANEOUS PROVISIONS - 74A. Procedure upon seizure of narcotic drugs
When narcotic drugs are seized the accused person, a designated analyst, the accused's advocate (if any) and any analyst appointed by the accused must weigh the whole seizure; the designated analyst must take and weigh samples and remove them for analysis; after analysis authorised officers must arrange destruction with a magistrate where the drug is found to be a narcotic or psychotropic substance; destruction must be carried out by authorised officers in the magistrate's presence where practicable and the magistrate must sign a prescribed certificate. Applies to proceedings commenced on or after 7 June 2002.
Section 74A. Procedure upon seizure of narcotic drugs Section 74A(1)(a) the person intended to be charged in relation to the drugs (in this section referred to as "the accused person; Section 74A(1)(b) a designated analyst; Section 74A(1)(c) the advocate (if any) representing the accused person; and Section 74A(1)(d) the analyst, if any, appointed by the accused person (in this section referred to as "the other analyst"), weigh the whole amount seized, and thereafter the designated analyst shall take and weigh one or more samples of such narcotic drug or psychotropic substance and take away such sample or samples for the purpose of analysing and identifying the same. Section 74A(2) After analysis and identification of the sample or samples taken under subsection (1), the same shall be returned to the authorized officers together with the designated analyst's certificate for production at the trial of the accused person. Section 74A(3) Upon receipt of the designated analyst's certificate and the samples analysed in accordance with the foregoing subsections the authorized officers shall, where the drug is found to be narcotic drug or psychotropic substance within the meaning of this Act, arrange with a magistrate for the immediate destruction by such means as shall be deemed to be appropriate of the whole amount seized (less the sample or samples taken for analysis and production as evidence at any subsequent trial, or any contemplated trial particularly where the accused person's identity is not yet known or the accused person is outside the jurisdiction of Kenya at the time of taking such samples). Section 74A(4) The destruction of drugs and psychotropic substances ordered under subsection (3) shall be carried out by the authorised officers in the presence of the magistrate and the accused person where practicable and his advocate (if any) and thereafter the magistrate shall sign a certificate in the prescribed form relating to such destruction. Section 74A(5) The production in court by either one of the authorised officers at the trial of an accused person of the sample or samples together with the designated analyst's certificate and the magistrate's certificate of destruction shall be conclusive proof as to the nature and quantity of the narcotic drug or psychotropic substance concerned and of the fact of its destruction in accordance with the provisions of this section. Section 74A(6) The provisions of this section shall apply to all proceedings commenced on or after the 7th June, 2002. [Act No. 2 of 2002 , Sch, Act No. 7 of 2007 , Sch.] - 75 Verify source ↗
MISCELLANEOUS PROVISIONS - 75. Keeping of property seized under Act
Persons who seize articles under the Act must deliver them promptly to the Inspector General of Police; the Inspector General must keep them safely and take reasonable steps to preserve them.
Section 75. Keeping of property seized under Act Section All articles and things, including any narcotic drug or psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance seized by any person under this Act shall, as soon as possible, be delivered to the Inspector General of Police with a statement of the particulars relating to the seizure and the Inspector General of Police shall arrange for the articles and things to be kept safely until they are dealt with in accordance with any other provision of this Act, and shall ensure that all reasonable steps are taken to preserve the articles and things while they are so kept. - 76 Verify source ↗
MISCELLANEOUS PROVISIONS - 76. Search of persons and restriction thereto
Females may only be searched by females and males may only be searched by males under this Act.
Section 76. Search of persons and restriction thereto Section No female shall be searched except by a female, and no male shall be searched except by a male under this Act. - 77 Verify source ↗
MISCELLANEOUS PROVISIONS - 77. Notice of seizure
Person who seizes property must give notice as soon as possible to the owner or person in charge; the notice may be delivered personally, posted, or (if owner unknown/unfound/refuses) published; a claimant may notify the Inspector‑General within 30 days, but no claim is entertained after 90 days; unclaimed seized items may be disposed of by the Cabinet Secretary.
Section 77. Notice of seizure Section 77(1) Where any narcotic drug or psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance or any other article or thing liable for forfeiture is seized under this Act, notice of the seizure shall be given by the person seizing me same as soon as possible to the owner or to the person in charge thereof if such person is not the owner. Section 77(2)(a) by delivering the notice personally to the owner or person in charge, as the case may be, or by sending the notice by post to his usual place of abode or business premises; or Section 77(2)(b) if the owner of person in charge, as the case may be, is not known or, if known, he cannot be found after reasonable enquiry and his usual place of abode and his business premises are not known, or he refuses to accept the notice when tendered to him, by publishing the notice in one newspaper or circulating in Kenya. Section 77(3) Any person who claims any article or thing referred to in subsection (1) and seized under this Act, as its owner or any other person duly authorized by such owner may give notice to the Inspector-General of Police what he claims the article or thing within thirty days of the date on which the notice of seizure under subsection (1) was delivered under subsection (2) (a) or, if the notice of seizure was not so delivered of the date on which the owner came to know of the seizure: Provided that no notice of claim shall be entertained by the Inspector General of Police under this subsection after the expiry of ninety days from the date of the seizure. Section 77(4) Any narcotic drug or psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance or any other article or thing seized under this Act and in respect of which no notice of claim was given before the expiry of the time prescribed therefor shall be deemed to be taken and condemned and may be disposed of by the Cabinet Secretary in such manner as may be prescribed by regulations. - 78 Verify source ↗
MISCELLANEOUS PROVISIONS - 78. Condemnation of seized things
When a person is convicted and relevant property seized, the court convicting them may order that those seized items be condemned and forfeited to the Government.
Section 78. Condemnation of seized things Section Where a person is convicted of an offence under this Act and any narcotic drug or psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance or any other article or thing, liable to forfeiture to the Government under this Act in respect of that offence has been seized under this Act, the court convicting him may, in addition to any other penalty imposed on him, order that the narcotic drug, psychotropic substance, motor vehicle, aircraft, ship, carriage of other conveyance or other article or thing be condemned and forfeited to the Government. - 79 Verify source ↗
MISCELLANEOUS PROVISIONS - 79. Disposal of seizures
Anything seized or condemned under this Act shall be disposed of in such manner as may be prescribed by regulations; if the Director of Medical Services certifies it can be used for medicinal purposes, it shall be disposed of in the manner so certified, otherwise by destruction in such manner and by such person or authority as may be prescribed by regulations.
Section 79. Disposal of seizures Section 79(1) Notwithstanding the provisions of section 74A or any other provision of this Act in relation to the seizure of any narcotic drug or psychotropic substance, anything seized or condemned under this Act shall be disposed of in such manner as may be prescribed by regulations. Section 79(2)(a) in the case where the Director of Medical Services certifies that the narcotic drug or psychotropic substance can be used for medicinal purposes, in the manner so certified; Section 79(2)(b) in any other case, by destruction, in such manner and by such person or authority as may be prescribed by regulations. - 80 Verify source ↗
MISCELLANEOUS PROVISIONS - 80. Power to arrest without warrant
Police officers may arrest without a warrant any person who has committed, attempted, is reasonably suspected of having committed or attempted, or is about to commit an offence against this Act.
Section 80. Power to arrest without warrant Section 80(1) Any police officer may arrest without warrant any person who has committed or has attempted to commit or is reasonably suspected by such police officer of having committed or attempted to commit or being about to commit an offence against this Act. Section 80(2) The provisions of subsection (1) shall be in addition to, and not in derogation of, the provisions of any other written law. - 80A Verify source ↗
MISCELLANEOUS PROVISIONS - 80A. Power to intercept communication and the admissibility of intercepted communication
Senior police officers may apply to the High Court, with written consent of the Director of Public Prosecutions, for an order to intercept communications; orders can require service providers to intercept/retain communications or allow police to install interception devices; unlawfully intercepting communications is an offence punishable by up to ten years imprisonment or a fine of not less than ten million shillings or both.
Section 80A. Power to intercept communication and the admissibility of intercepted communication Section 80A(1) Subject to subsection (2), a police officer above the rank of Chief Inspector of Police may, for the purpose of obtaining evidence of the commission of an offence under this Act, apply ex parte , to the High Court for an interception of communications order. Section 80A(2) A police officer shall not make an application under subsection (1) unless he has applied for and obtained the written consent of the Director of Public Prosecutions. Section 80A(3)(a) requiring a communications service provider to intercept and retain specified communication of a specified description received or transmitted, or about to be received or transmitted by that communications service provider; or Section 80A(3)(b) authorizing the police officer to enter any premises and to install on such premises, any device for the interception and retention of a specified communication and to remove and retain such device. Section 80A(4)(a) the commission of an offence under this Act; or Section 80A(4)(b) the whereabouts of the person suspected by the police officer to have committed the offence. Section 80A(5)(a) intercepted and retained pursuant to an order under subsection (3); or Section 80A(5)(b) intercepted and retained in a foreign state in accordance with the law of that foreign state and certified by a Court of that foreign state to have been so intercepted and retained, Section 80A(6) A police officer who intercepts communication other than is provided for under this section commits an offence and shall on conviction be liable to imprisonment for a term not exceeding ten years or to a fine of not less than ten million shillings or to both. [Act No. 4 of 2022 , s. 11.] - 80B Verify source ↗
MISCELLANEOUS PROVISIONS - 80B. Duty to disclose information relating to offences committed under this Act, etc.
Persons must disclose information relevant to investigating or prosecuting offences under the Act; concealing or failing to disclose is an offence with penalties, and good-faith disclosures under subsection (1) are protected from civil or criminal proceedings.
Section 80B. Duty to disclose information relating to offences committed under this Act, etc. Section 80B(1)(a) preventing the commission of an offence under this Act; or Section 80B(1)(b) securing the arrest or prosecution of another person for an offence committed under this Act, Section 80B(2) A person who conceals or fails to disclose information that is relevant in the investigation or prosecution of another person for an offence committed under this Act, commits an offence. Section 80B(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than one million or imprisonment of a term of not less than five years, or both. Section 80B(4) No civil or criminal proceedings shall lie against any person for disclosing any information, in good faith, under subsection (1). [Act No. 4 of 2022 , s. 11.] - 80C Verify source ↗
MISCELLANEOUS PROVISIONS - 80C. Collection of information
It is an offence for a person who, while committing or facilitating an offence under the Act, holds, collects, generates or transmits information for use in committing that offence; on conviction the person faces a fine of not less than five million or imprisonment for not less than five years, or both.
Section 80C. Collection of information Section A person who, in committing or in instigating, preparing or facilitating the commission of an offence under this Act, holds, collects, generates or transmits information for the use in the commission of an offence under this Act, commits an offence, and is liable, on conviction, to a fine of not less than five million or to imprisonment of a term of not less than five years, or both. [Act No. 4 of 2022 , s. 11.] - 81 Verify source ↗
MISCELLANEOUS PROVISIONS - 81. Punishment of attempt to commit, etc., offences against this Act
Section 81 punishes attempts to commit offences against this Act.
Section 81. Punishment of attempt to commit, etc., offences against this Act Section attempts to commit; or - 82 Verify source ↗
MISCELLANEOUS PROVISIONS - 82. Fees
Section 82 allows the Cabinet Secretary to charge fees (as prescribed by regulations) for licence/certificate/authorization applications or grants; and allows the Cabinet Secretary responsible for health to require persons undergoing treatment at certain Rehabilitation Centres to pay prescribed fees, with different fees possible based on income or property.
Section 82. Fees Section 82(1) The Cabinet Secretary may charge such fees as may be prescribed by regulations for an application for any licence, certificate or authorization or renewal thereof or for the grant of any licence, certificate or authorization or renewal thereof, under this Act. Section 82(2) Any person or class of persons who is or are undergoing a treatment and rehabilitation programme at a Rehabilitation Centre established under section 52 or is under the care of any such Centre, otherwise than in consequence of an order of a court under section 58 , may be required to pay such fees as maybe prescribed by regulations by the Cabinet Secretary responsible for health and different fees may be prescribed for different classes of persons having regard to their income or property or both. - 83 Verify source ↗
MISCELLANEOUS PROVISIONS - 83. Penalty for contravention of Act in certain cases
If any person contravenes a provision of the Act and no other penalty is prescribed, the person is liable to a fine of one hundred thousand shillings and imprisonment for five years.
Section 83. Penalty for contravention of Act in certain cases Section Where any person contravenes any provision of this Act and no penalty is prescribed for such contravention by any other provision of this Act, the person, so contravening liable ito a fine of one hundred thousand shillings and, in addition, to imprisonment for five years. - 84 Verify source ↗
MISCELLANEOUS PROVISIONS - 84. Regulations
The Cabinet Secretary has power to make regulations to carry out this Act and to prescribe detailed matters listed in subsection (2); the Chief Justice may make rules on court procedure for forfeiture, condemnation and restraint order proceedings.
Section 84. Regulations Section 84(1) The Cabinet Secretary may make regulations generally for carrying out the purposes of this Act. Section 84(2)(a) prescribing standards for narcotic drugs and psychotropic substances that a licensee may possess, sell or supply to any person and the quantity of any narcotic drug or psychotropic substance that a licensee may have in his possession; Section 84(2)(b) prescribing conditions regarding the sale or supply of narcotic drugs or psychotropic substances to any person by a licensee, including a medical practitioner or a dentist or registered pharmacist holding a licence; Section 84(2)(c) prescribing the persons authorized to buy narcotic drugs or psychotropic substances and the conditions to which the authorization shall be subject; Section 84(2)(d) regulating the issue of prescriptions containing narcotic drugs or psychotropic substances and the dispensing or supplying of narcotic drugs or psychotropic substances on prescriptions, and for requiring persons seeking prescriptions for any narcotic drugs or psychotropic substances to furnish to such authority any such information relating to those prescriptions may be specified by regulations; Section 84(2)(e) regulating the prescription, administration, giving, selling or supplying of any narcotic drugs or psychotropic substances by a veterinary surgeon under section 13 (2); Section 84(2)(f) regulating the importation, exportation or diversion, sale, manufacture, production or distribution (at stated places) of any narcotic drugs or psychotropic substances; Section 84(2)(g) specifying the port or place in Kenya through which any narcotic drugs or psychotropic substances may transit in Kenya; Section 84(2)(h) specifying particulars to be contained in any export or import authorization for the exportation or importation of narcotic drugs or psyohotropic submances; Section 84(2)(i) prescribing the form of an application for a removal licence, the forms of a removal licence and the fees that should accompany any such application and payable for the removal licence; Section 84(2)(j) prescribing the form of application for a diversion certificate and the fees payable therefor; Section 84(2)(k) prescribing the form of a diversion certificate, the fees payable therefor and the particulars it should contain; Section 84(2)(l) specifying the manner in which any narcotic drug or psychotropic substance shall be packed, labelled or otherwise kept for export, sale, supply, administration or distribution; Section 84(2)(m) prescribing the manner of disposal, or destruction of narcotic drugs and psychotropic substances under any provision of this Act; Section 84(2)(n) prescribing the manner of destruction of prohibited plants; Section 84(2)(o) prescribing the form of notice of application for a restraint order; Section 84(2)(p) prescribing the manner of hearing a respondent in an application for a restraint order: Section 84(2)(q) requiring the keeping of records that are to be kept, and the furnishing of information, by any person with respect to narcotic drugs or psychotropic substances or in connection with dealings in narcotic drugs or psychotropic substances; Section 84(2)(r) prescribing the forms for any purpose under this Act, other than those prescribed under any other provision of this subsection; Section 84(2)(s) prescribing any other matter that may be or is required to be prescribed by this Act by the Cabinet Secretary by regulations. Section 84(3)(a) to manufacture at the shop in the ordinary course of his retail business any preparation, admixture, or extract, of any narcotic drug or psychotropic substance to which this Act applies; or Section 84(3)(b) to carry on at the pharmacy the business of retailing, dispensing, or compounding, any such narcotic drug or psychotropic substance subject to the power of the Cabinet Secretary to withdraw the authorization in the case of a person who has been convicted of an offence under this Act or under the Pharmacy and Poisons Act ( Cap. 244 ) or the Food, Drugs and Chemical Substances Act ( Cap. 254 ) or who cannot, in the opinion of the Cabinet Secretary, properly be allowed to carry on the business of manufacturing or selling or distributing, as the case may be, of any such narcotic drug or psychotropic substance. Section 84(4) The Chief Justice may make rules prescribing the practice and procedure of the High Court or any other court in regard to proceedings for forfeiture and condemnation by any such court under any provision of this Act, or relating to proceedings for a restraint order under Part IV, and for matters connected with or incidental to such proceedings. Section 84(5)(a) for the administration and management of, and for all matters relating to, Rehabilitation Centres established under section 52 , including the security and safety of the persons who are committed or admitted into any such Centres; Section 84(5)(b) the terms and conditions of appointment of the Chairperson and other members of the Advisory Council for Rehabilitation of Narcotic Addicts; and Section 84(5)(c) for any other matter that may be, or is required to be prescribed by this Act by the Cabinet Secretary responsible for health. Section 84(6) Nothing in any regulations made under this section shall be taken as authorising the sale, or tbe keeping of an open shop for the retailing, dispensing, or compounding of poisons by any person who is not qualified in that behalf under, or otherwise than in accordance with, the provisions of the Pharmacy and Poisons Act ( Cap. 244 ) or to be in derogation of the provisions of that Act prohibiting, restricting or regulating, the sale of poisons. - 85 Verify source ↗
MISCELLANEOUS PROVISIONS - 85. Penalty for contravention of regulations
Regulations under section 84 may provide penalties; persons who contravene such regulations (except where a specific penalty is provided) are liable to at least five million shillings and at least five years' imprisonment; where no penalty is expressly provided (and not being a regulation under section 4(4)), offenders are liable to at least two million shillings and at least three years' imprisonment, with an additional one hundred thousand shillings per day for continuing offences.
Section 85. Penalty for contravention of regulations Section 85(1) Regulations made under section 84 may provide that any person contravening any provision thereof, other than a provision for which a specific penalty is provided, shall be liable to a fine not less than five million shillings and imprisonment for a term of not less than five years. Section 85(2) Every person guilty of the contravention of any regulation, not being a regulation made under section 4 (4), for which no penalty is expressly provided shall be liable to a fine of not less than two million shillings and imprisonment for a term of not less than three years and in the case of a continuing offence to a further penalty of one hundred thousand shillings for each day during which the offence continues. [Act No. 4 of 2022 , s. 13.] - 85A Verify source ↗
MISCELLANEOUS PROVISIONS - 85A. Disqualification if convicted of an offence under this Act
A person convicted of an offence under this Act is disqualified from being elected or appointed as a public officer for thirty years after the conviction.
Section 85A. Disqualification if convicted of an offence under this Act Section A person who is convicted of an offence under this Act shall be disqualified from being elected or appointed as a public officer for thirty years after the conviction. [Act No. 4 of 2022 , s. 14.] - 86 Verify source ↗
MISCELLANEOUS PROVISIONS - 86. Valuation of goods for penalty
When a fine depends on the market value of a narcotic, psychotropic substance or prohibited plant, a certificate signed by the proper officer is to be accepted by the court as prima facie evidence of that value; "proper officer" is an officer authorized by the Cabinet Secretary by Gazette notification for this section.
Section 86. Valuation of goods for penalty Section 86(1) Where in any prosecution under this Act any fine is to be determined by the market value of any narcotic drug, psychotropic substance or prohibited plant, a certificate under the hand of the proper officer of the market value of such narcotic drug or psychotropic substance shall be accepted by the court as prima facie evidence of the value thereof. Section 86(2) In this section "proper officer" means the officer authorized by the Cabinet Secretary by notification in the Gazette for the purposes of this section. - 87 Verify source ↗
MISCELLANEOUS PROVISIONS - 87. Power to amend Schedules
The Cabinet Secretary may, by order, add substances or plants to the First, Second and Third Schedules and may from time to time delete substances or plants from those Schedules when inclusion or exclusion is deemed necessary in the public interest.
Section 87. Power to amend Schedules Section The Cabinet Secretary may by order, add any substance or plant to the First, Second and Third Schedules and may from time to time delete therefrom any substance or plant the inclusion or exclusion of which, as the case may be, is deemed necessary by him in the public interest.
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Narcotic Drugs and Psychotropic Substances (Control) Act
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