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The Narcotic Drugs and Psychotropic Substances (Control)(Restraint and Forfeiture) Regulations

Legal Notice 547 of 1997

This is the latest version of this Legal Notice.
The Narcotic Drugs and Psychotropic Substances (Control)(Restraint and Forfeiture) Regulations
Citation
Legal Notice 547 of 1997
Primary work
Narcotic Drugs and Psychotropic Substances (Control) Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL) ACT

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)(RESTRAINT AND FORFEITURE) REGULATIONS

LEGAL NOTICE 547 OF 1997

  • Published in Kenya Gazette Vol. XCIX—No. 59 on 28 November 1997
  • Commenced on 28 November 1997
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. These Regulations may be cited as the Narcotic Drugs and Psychotropic Substances (Control) (Restraint and Forfeiture) Regulations.2.
(1)Where the Attorney-General has reasonable grounds to believe that a person has committed a specified offence and investigations into the offence have commenced, the Attorney-General may apply to the court for a restraint order in respect of any or all of the property of the person.
(2)A copy of the application under paragraph (1) shall be served upon the respondent thereto and published for general information in the Gazette and in at least two daily newspapers circulating in the area in which the property is situated.
(3)Any person with an interest in property which the subject matter of an application for a restraint order under the regulation may, at any stage of the proceedings, apply to the court to be made a party to such proceedings.
3. Where the court is satisfied as to the matters averred in the application for a restraint order, the court may make the order and shall cause it to be published for general information in the Gazette and in at least one newspaper circulating in the area in which the property is situated.4. A restraint order made under the provisions of these Regulations shall remain in force until it is revoked by the court or the property in respect of which it is made is forfeited to the Government, whichever is the earlier.5. Any person who handles any property which is subject to a restraint order in any manner contrary to the terms of such order shall be guilty of an offence and liable to a fine not exceeding two hundred and fifty thousand shillings, or to both imprisonment for a term not exceeding five years, or to both.6. Where a person is convicted of a specified offence and the court makes a final decision in which such a person is found guilty, the court shall cause a notice to that effect to be published in the Gazette and in at least one newspaper circulating in the area in which the property is situated.7. A notice published under regulation 6 shall state the fact of the conviction and the liability of the person’s property to forfeiture.8. Any person with an interest in property which is subject to an order for forfeiture may, within thirty days of the publication of a notice under regulation 6, apply to the court for any relief to which he is entitled under the Act.9. Where a final order for forfeiture has been made in respect of any property, all interests in that property prior to such order shall be void.
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History of this document

31 December 2022 this version
28 November 1997
Commenced
Read this version