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.

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 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 p...

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;

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...

Section 6. Penalty for cultivation of certain plants Section cultivates any prohibited plant; or

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...

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;

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 or...

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 th...

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,

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.

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.

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.

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.

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 dis...

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

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

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.]

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.

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.]

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.]

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.]

Section 19. Forfeiture of narcotic drugs, etc. Section he has no legal authority for the possession of the narcotic drug or psychotropic substance; or

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.

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.

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,...

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.]

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,

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.

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 oth...

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.

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.

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.

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.

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 f...

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...

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.]

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.

Section 35. Variation of restraint order

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.

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;

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.]

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.

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.

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...

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 pr...

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,...

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.

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.]