Related documents
- Is amended by 24th Annual Supplement
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- Is amended by Proceeds of Crime and Anti-Money Laundering Act
LAWS OF KENYA
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL) ACT
CAP. 245
- Published in Kenya Gazette Vol. XCVI—No. 34 on 15 July 1994
- Assented to on 8 July 1994
- Commenced on 26 August 1994 by Narcotic Drugs and Psychotropic Substances (Control) Act Commencement
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2002 (Act No. 2 of 2002) on 7 June 2002]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2007 (Act No. 7 of 2007) on 15 October 2007]
- [Amended by Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A) on 28 June 2010]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2012 (Act No. 12 of 2012) on 12 July 2012]
- [Amended by Companies and Insolvency Legislation (Consequential Amendments) Act, 2015 (Act No. 19 of 2015) on 3 July 2017]
- [Amended by Narcotics, Drugs and Psychotropic Substances (Control) (Amendment) Act, 2022 (Act No. 4 of 2022) on 21 March 2022]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Narcotic Drugs and Psychotropic Substances (Control) Act.2. Interpretation
Part II – 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.
4. Penalty for trafficking in narcotic drugs, etc.
Any person who trafficks in, or has in his or her possession any narcotic drug or psychotropic substance or any substance represented or held out by him or her to be a narcotic drug or psychotropic substance, shall be guilty of an offence and liable—4A. Penalty relating to precursor chemicals
4B. Conspiracy to commit offences under this Act
5. Penalty for other acts connected to narcotic drugs, etc. connected to other acts
5A. Information to be kept by an owner, occupier or a person concerned with the management of a premise
5B. Offences relating to operation of clandestine laboratory
6. Penalty for cultivation of certain plants
Any person who—7. Forfeiture of land used for cultivation of prohibited plants
8. Owner of land to inform police officer, etc.
For the purposes of sections section 7 and section 9—9. Publication of notice
10. Notice where owner of land is holder of a lease
11. Power of entry in respect of Government land
12. Power to court to order destruction of prohibited plants
13. Provisions relating to certain prescriptions
14. Penalty for receiving additional narcotic drug or psychotropic substance or prescription without disclosure of earlier receipt
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. Removal of name from register
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. Board to issue licences for export, import, manufacture, etc.
17. Penalty for obstruction, etc.
Any person who—17A. Penalty for law enforcement officers
18. Penalty for failure to furnish information or to produce evidence, etc.
Any person who—Part III – FORFEITURE OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES, IMPLEMENTS AND CONVEYANCE
19. Forfeiture of narcotic drugs, etc.
Where—20. Forfeiture of conveyance, implement, etc.
Part IV – RESTRAINT ORDER, FORFEITURE OF PROPERTY AND PROCEEDS OF CRIME
Interpretation
21. Interpretation of Part
Restraint Order
22. Application for restraint order
23. Transfer after notice of application for restraint order void
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. Statement of assets and examination of respondent
25. Service of notice of application for restraint order
26. Restraint order
27. Notice of order under section 26
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. Effect of restraint order
29. Duration of restraint order
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. Offences in respect of restraint order
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. Management of property by Official Receiver
32. Exclusion of property, recognition of claims, and revocation of restraint order
33. Staying of hearing of application under section 22
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. Death of person against whom restraint order has been made
35. Variation of restraint order
On application made by the person against whom a restraint order has been made, or by any other person, the Court may vary the restraint order in such manner as may be necessary to meet the ends of justice.Forfeiture of Property
36. Forfeiture of property
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. Section 36 not to affect certain liabilities
The provisions of section 36 shall not affect—38. Provision for maintenance of wife and children
39. Provision for payment of moneys owed
40. Claim by person who has committed a specified offence
41. Procedure in respect
42. Forfeiture order
43. Effect of forfeiture order
44. Penalty for contravention of section 43(3)
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. Restoration of forfeited property
46. Arrangement regarding tracing, realization, etc., of property in a country outside Kenya
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. Arrangement regarding tracing, realization, etc., of property in Kenya
48. Procedure
Money Laundering
49. [Repealed by Act No. 9 of 2009, Sch.]
50. Provisions of Part in addition to and not in derogation of Part II and III
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. Interpretation of Part
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. Rehabilitation Centres
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. Rehabilitation Fund
54. Board to manage the Fund
55. Management of the Fund
The Board shall—56. Advisory council for rehabilitation of narcotic addicts
57. Functions of the Council
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. Commital of persons to Centres
Part VI – INTERNATIONAL ASSISTANCE IN DRUG INVESTIGATION AND PROCEEDINGS
59. Request by Kenya to other countries
60. Evidence, etc. obtained from another country
Evidence, documents or articles obtained pursuant to a request made under section 59 shall—61. Transfer to Kenya of a person to assist in an investigation or proceedings
62. Requests to Kenya for evidence
63. Requests to Kenya for search warrants
64. Requests to Kenya for the enforcement of certain orders
Part VII – MISCELLANEOUS PROVISIONS
65. Jurisdiction
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. Offences by body corporate
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. Analysts
68. Burden of proof in respect of certain matters
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. Power to question and request production of documents, etc.
70. Interpretation
71. Inspection
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. Power to search person, vehicles, etc.
73. Power to search premises
74. Seizure of narcotic drugs, etc.
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. Procedure upon seizure of narcotic drugs
75. Keeping of property seized under Act
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. Search of persons and restriction thereto
No female shall be searched except by a female, and no male shall be searched except by a male under this Act.77. Notice of seizure
78. Condemnation of seized things
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. Disposal of seizures
80. Power to arrest without warrant
80A. Power to intercept communication and the admissibility of intercepted communication
80B. Duty to disclose information relating to offences committed under this Act, etc.
80C. Collection of information
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. Punishment of attempt to commit, etc., offences against this Act
Notwithstanding anything contained in any other written law, every person who—82. Fees
83. Penalty for contravention of Act in certain cases
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. Regulations
85. Penalty for contravention of regulations
85A. Disqualification if convicted of an offence under this Act
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. Valuation of goods for penalty
87. Power to amend Schedules
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.88. [Spent]
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
21 March 2022
03 July 2017
12 July 2012
28 June 2010
15 October 2007
07 June 2002
26 August 1994
15 July 1994
08 July 1994
Assented to
Cited documents 2
Act 2
1. | Proceeds of Crime and Anti-Money Laundering Act | 316 citations |
2. | Use of Poisonous Substances Act | 2 citations |
Documents citing this one 585
Judgment 563
Gazette 8
Act 5
1. | Criminal Procedure Code | 5083 citations |
2. | Proceeds of Crime and Anti-Money Laundering Act | 316 citations |
3. | National Authority for the Campaign Against Alcohol and Drug Abuse Act | 38 citations |
4. | Penal Code | 28 citations |
5. | National Youth Service Act | 16 citations |
Bench Bulletin 3
1. | Bench Bulletin - Issue 11 | |
2. | Bench Bulletin - Issue 19 | |
3. | Bench Bulletin - Issue 46 |
Bill 3
Legal Notice 3
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Narcotic Drugs and Psychotropic Substances (Control)(Seizure, Analysis and Disposal) Regulations | Legal Notice 16 of 2006 | 31 December 2022 |
The Narcotic Drugs and Psychotropic Substances (Control)(Restraint and Forfeiture) Regulations | Legal Notice 547 of 1997 | 31 December 2022 |