National Authority for the Campaign Against Alcohol and Drug Abuse Act

This Act may be cited as the National Authority for the Campaign Against Alcohol and Drug Abuse Act.

Defines "Section" as "a habitual use of drugs to alter one’s mood, emotion, or state of consciousness".

If this Act conflicts with any other written law, the provisions of this Act prevail.

Creates a Chief Executive of the Authority appointed by the Cabinet Secretary on the Board's recommendation; sets qualifications, a five-year term (renewable once), duties including management and secretary role, ex‑officio Board membership without voting, and resignation/removal grounds.

The Board may appoint officers and other staff as necessary for the proper discharge of its functions, on terms and conditions it determines.

The Board may, by resolution, delegate its powers or duties to a committee or to a member, officer, employee or agent of the Authority.

The Board must keep the Authority's common seal in custody and not use it except on the Board's order; the Chairperson and Chief Executive Officer may authenticate certain documents by signature; the Board must nominate a member to authenticate the seal if either official is absent.

Establishes the National Authority for the Campaign Against Alcohol and Drug Abuse.

The Authority must carry out public education on alcohol and drug abuse, directly and in collaboration with other public or private bodies and institutions.

Section 6 establishes the Board of the Authority, lists its membership (including a Chairperson appointed by the President, Principal Secretaries, specified nominees and the Chief Executive Officer) and sets board duties: ensuring proper and efficient exercise of powers, advising management, approving revenue and expenditure estimates, and performing other functions under this Act or other written law.

The conduct and regulation of the business and affairs of the Board must be as set out in the Schedule; except as provided in the Schedule, the Board may regulate its own procedure.

The Board has all powers necessary to perform the Authority's functions and may exercise specific powers such as controlling and administering assets, determining expenditure and reserves, receiving grants and donations, opening banking accounts, investing funds not immediately required (per section 18), and undertaking activities necessary to fulfill the Authority's functions.

The Salaries and Remuneration Commission must determine the remuneration payable to members of the Board.

Section 14 lists the Authority's funds and states that the Cabinet Secretary may grant sums to the Authority pursuant to subsection (2); Parliament provides grants under subsection (2); and, unless National Treasury directs otherwise, the Authority's year-end fund balance shall be retained for its purposes.

The Authority's financial year is the 12-month period ending on 30 June each year.

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year, approve them before the year starts, submit them for Cabinet Secretary approval, and may not increase them after that approval without the Cabinet Secretary's consent.

The Board must cause proper books and records of accounts for the Authority's income, expenditure and assets to be kept.

The Board may invest any of the Authority's funds in specified securities or banks approved by the National Treasury.

The Cabinet Secretary must appoint authorised officers on the Authority's recommendation and issue certificates; authorised officers must follow the Authority's directions and submit periodic reports on compliance.

Authorised officers may enter premises at reasonable times to ensure compliance with drug laws; they must produce their certificate if required, may examine goods and take samples, must issue reports after analysis, and may not enter except with occupant consent or a warrant.

The court may issue a warrant to enter premises (those referred to in section 20) when entry is necessary for enforcement related to drug abuse and the occupant does not consent or entry is refused or likely to be refused.

Authorised officers may seize items during inspections when they reasonably believe the law has been contravened; the officer must make a full inventory at seizure; the officer may direct storage or removal of seized items; persons must not interfere with seized items unless authorised; persons from whom items were seized may apply to the High Court within thirty days and must send prescribed notice to the Cabinet Secretary; the applicant may be entitled to possession if the item is not required as evidence.

Offences under this Act are cognizable; directors/officers who acquiesce in a corporate offence are liable; prosecutions may be established by proof the offence was committed by an employee or agent; employer is deemed responsible for employee acts contrary to the Act.

No person must obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer carrying out duties under this Act; contravention is an offence punishable by a fine up to five hundred thousand shillings, or imprisonment up to three years, or both.

The Authority must convene an inter-agency forum at least twice a year of government departments and lead agencies involved in drug demand and supply reduction to plan and coordinate actions, strategies and enforcement relating to drug abuse control.

Gives authority to advise lead agencies to take remedial measures to address gaps, weaknesses and loopholes in the enforcement of laws or implementation of policies in drug control.

Information on drugs and psychotropic substances of abuse held by the Authority or any other public or private body must be open for scrutiny and disclosure for public information purposes; a person who breaches this section commits an offence.

Anyone who commits an offence under the Act for which no penalty is provided is liable on conviction to a fine up to two million shillings, or to imprisonment up to twelve years, or both.

The Cabinet Secretary may, on the recommendation of the Authority, make regulations to carry out the objects of the Act; those regulations may include matters the Act requires to be prescribed, testing methods for drugs, information manufacturers must provide, licensing for treatment and rehabilitation facilities/practitioners, and guidelines to prevent and reduce drug demand and abuse.

Section 30 contains transitional provisions that transfer assets, staff, board membership, rights and liabilities from the former Authority to the Authority on the appointed day and addresses continuation of disciplinary proceedings and penalties.