National Authority for the Campaign Against Alcohol and Drug Abuse Act

Section 1. Short title. Section This Act may be cited as the National Authority for the Campaign Against Alcohol and Drug Abuse Act.

Section 2. Interpretation. Section a habitual use of drugs to alter one’s mood, emotion, or state of consciousness;

Section 3. Act to supersede. Section Where the provisions of this Act are inconsistent with the provisions of any other written law, the provisions of this Act shall prevail.

Section 4. Establishment of the Authority. Section 4(1) There is established an Authority known as the National Authority for the Campaign Against Alcohol and Drug Abuse. Section 4(2)(a) suing and being sued; Section 4(2)(b) purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property in and out of Kenya; Section 4(2)(c) borrowing or receiving grants; and Section 4(2)(d) doing or causing to be done or performing all such other things or acts for the proper performance of its functions under this Act, as may be lawfully done or performed by a body corporate. Section 4(3) The Authority shall be the successor to the National Campaign Against Drug Abuse Authority established under the State Corporations Act ( Cap. 446 ) existing immediately before the commencement of this Act.

Section 5. Functions of the Authority. Section carry out public education on alcohol and drug abuse directly and in collaboration with other public or private bodies and institutions;

Section 6. Board of the Authority. Section 6(1)(a) a Chairperson appointed by the President, who shall be a person with experience in public affairs either in the judicial service, the public service or the private or voluntary sector; Section 6(1)(b) the Principal Secretary in the Ministry for the time being responsible for national security; Section 6(1)(c) the Principal Secretary in the Ministry for time being responsible for finance; Section 6(1)(d) the Principal Secretary in the Ministry for the time being responsible for public health; Section 6(1)(e) the Principal Secretary in the Ministry for the time being responsible for education; Section 6(1)(f) the Principal Secretary in the Ministry for the time being responsible for children and youth affairs; Section 6(1)(g) the head of the anti-narcotic police unit or the agency for the time being responsible for enforcement of narcotic drug laws; Section 6(1)(h) three persons appointed by the Cabinet Secretary from among healthcare providers, researchers, policy and legal practitioners, media and communication professionals, educationists, security, safety and environmental experts, provided that no more than one person shall be a...

Section 7. Conduct of business and affairs of the Board. Section 7(1) The conduct and regulation of the business and affairs of the Board shall be as set out in the Schedule. Section 7(2) Except as provided in the Schedule, the Board may regulate its own procedure.

Section 8. Powers of the Board. Section 8(1) The Board shall have all powers necessary for the proper performance of the functions of the Authority under this Act. Section 8(2)(a) control, supervise and administer the assets of the Authority in such manner as best promotes the purpose for which the Authority is established; Section 8(2)(b) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Authority; Section 8(2)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; Section 8(2)(d) open such banking accounts for the funds of the Authority as may be necessary; Section 8(2)(e) invest any funds of the Authority not immediately required for its purposes in the manner provided in section 18 ; Section 8(2)(f) undertake any activity necessary for the fulfillment of any of the functions of the Authority under this Act.

Section 9. Remuneration of members of the Board. Section The remuneration payable to members of the Board shall be determined by the Salaries and Remuneration Commission.

Section 10. Chief Executive Officer. Section 10(1) There shall be a Chief Executive of the Authority who shall be an officer appointed by the Cabinet Secretary on the recommendation of the Board. Section 10(2)(a) holds a degree from a recognized university; Section 10(2)(b) has at least five years post graduate working experience in a relevant area. Section 10(3) The Chief Executive Officer shall hold office for a period of five years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appointment for a further and final term of five years. Section 10(4) The Chief Executive Officer shall be an ex-officio member of the Board but shall have no right to vote at any meeting of the Board. Section 10(5)(a) subject to the direction of the Board, be responsible for the day to day management of the affairs and staff of the Authority; Section 10(5)(b) in consultation with the Board, be responsible for the direction of the affairs and transactions of the Authority, the exercise, discharge and performance of its objectives, functions and duties and the general administration of the Authority; Section 10(5)(c) be the secretary of the Board. Secti...

Section 11. Staff of the Authority. Section The Board may appoint such officers and other staff as are necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as it may determine.

Section 12. Delegation by the Board. Section The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act or under any other written law.

Section 13. Common seal. Section 13(1) The common seal of the Authority shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. Section 13(2) The affixing of the common seal of the Authority shall be authenticated by the signature of the Chairperson and the Chief Executive Officer and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the Chairperson and the Chief Executive Officer. Section 13(3) Notwithstanding the provisions of subparagraph (2) the Board shall, in the absence of either the Chairperson or the Chief Executive Officer in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or the Chief Executive Officer. Section 13(4) The common seal of the Authority when affixed to a document and duly authenticated shall be judicially noticed and unless the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.

Section 14. Funds of the Authority. Section 14(1)(a) such sums as may be granted to the Authority by the Cabinet Secretary pursuant to subsection (2); Section 14(1)(b) such fees, monies or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; and Section 14(1)(c) all monies from any other source provided for or donated or lent to the Authority. Section 14(2) There shall be made to the Authority, out of monies provided by Parliament for that purpose, grants towards the expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act. Section 14(3) Unless the National Treasury otherwise directs, the balance of the funds of the Authority at the end of the financial year shall be retained for the purposes for which the Authority is established.

Section 15. Financial year. Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year.

Section 16. Annual estimates. Section 16(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 16(2)(a) the payment of the salaries, allowances and other charges in respect of members of the Board and staff of the Authority; Section 16(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Authority; Section 16(2)(c) the proper maintenance of the buildings and grounds of the Authority; Section 16(2)(d) the maintenance, repair and replacement of the equipment and other property of the Authority; and Section 16(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 16(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary’s approval, the Board shall not increase the an...

Section 17. Accounts and audit. Section 17(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Authority. Section 17(2)(a) a statement of the income and expenditure of the Authority during that year; and Section 17(2)(b) a balance sheet of the Authority on the last day of that year. Section 17(3) The accounts of the Authority shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 18. Investment of funds. Section The Board may invest any of the funds of the Authority in securities, in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the National Treasury may, from time to time, approve for that purpose.

Section 19. Authorised officers. Section 19(1) The Cabinet Secretary shall, upon recommendation by the Authority, appoint any person or class of persons to be authorised officers for purposes of this Act. Section 19(2) The Cabinet Secretary shall issue a certificate of appointment to every person appointed under this section. Section 19(3)(a) public health officers appointed under the Public Health Act ( Cap. 242 ); Section 19(3)(b) any other person upon whom any written law vests functions of the maintenance of law and order. Section 19(4)(a) be subject to the general directions of the Authority; Section 19(4)(b) submit periodic reports to the Authority in such manner as may be prescribed on the status of compliance with of the provisions of this Act.

Section 20. Places authorised officers may enter. Section 20(1) For the purposes of ensuring compliance with the Narcotic Drugs and Psychotropic Substances (Control) Act (Cap. 245) or any law relating to drugs, an authorised officer may, at any reasonable time, enter any place or premises which the officer believes on reasonable grounds that any person or persons is in any way contravening the provisions of that law. Section 20(2) An authorised officer entering any premises under this section shall, if so required, produce for inspection by the person who is or appears to be in charge of the premises the certificate issued to him under section 19 (2). Section 20(3)(a) examine any goods, building, works or thing; Section 20(3)(b) require any person in such place to produce for inspection, in the manner and form requested by the office any goods, works, drawings, plans, approvals or thing; Section 20(3)(c) conduct any test or analysis or take any measurements of samples of the thing; or Section 20(3)(d) require any person found in the place to produce for inspection or copying, any written or electronic information that is relevant. Section 20(4) An authorised officer who has analyze...

Section 21. Court to issue warrant. Section 21(1)(a) the premises are a place referred to in section 20 ; Section 21(1)(b) entry to the premises is necessary for the administration or enforcement of this Act or other written law relation to drug abuse; Section 21(1)(c) the occupant does not consent to the entry, or that entry has been refused or there are reasonable grounds for believing that it will be refused. Section 21(2) An authorised officer executing the warrant issued under this section shall not use force unless such officer is accompanied by a police officer and the use of force is specifically authorised in the warrant.

Section 22. Seizure. Section 22(1) During an inspection under this Act, an authorised officer may seize any thing by means of which or in relation to which the officer believes, on reasonable grounds, that this Act or the other written law has been contravened and a full inventory thereof shall be made at the time of such seizure by the officer. Section 22(2) The authorised officer may direct that the thing seized be kept or stored in the place where it was seized or that it be removed to another place. Section 22(3) Unless authorised by an officer, no person shall remove, alter or interfere in any manner with any thing seized. Section 22(4) Any person from whom a thing was seized may, within thirty days after the date of seizure, apply to the High Court for an order of restoration, and shall send notice containing the prescribed information to the Cabinet Secretary within the prescribed time and in the prescribed manner. Section 22(5)(a) the applicant is entitled to possession of the thing seized; and Section 22(5)(b) the thing seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act.

Section 23. Nature of offences. Section 23(1) Offences under this Act shall be cognizable offences. Section 23(2) Where a corporation, registered society or other similar legal entity commits an offence under this Act, any director or officer of the corporation, society or legal entity who acquiesced in the offence commits an offence and shall, on conviction, be liable in respect of the offence committed by the corporation, society or legal entity, whether or not such corporation, society or legal entity has been prosecuted. Section 23(3) In any prosecution for an offence under this Act, it shall be sufficient proof of the offence to establish that the offence was committed by an employee or agent of the accused. Section 23(4) Any act done or omitted to be done by an employee in contravention of any of the provisions of this Act shall be deemed also to be the act or omission of the employer, and any proceedings for an offence arising out of such act or omission may be taken against both the employer and the employee.

Section 24. Obstruction. Section 24(1) No person shall obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer who is carrying out duties under this Act. Section 24(2) Any person who contravenes the provisions of this section commits an offence and shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.

Section 25. Convening of inter-agency forum. Section The Authority shall, at least twice a year, convene an inter-agency forum of Government departments and lead agencies involved in drug demand reduction and drug supply reduction for the purposes of establishing plans of action, strategies and collaboration in the development, implementation and enforcement of laws and policies relating to drug abuse control.

Section 26. Authority to advise lead agencies, etc. Section advise a lead agency to take the remedial measures necessary to address gaps, weaknesses and loopholes in the enforcement of laws or implementation of policies in drug control;

Section 27. Duty of disclosure. Section 27(1) Information held by the Authority or any other public or private body on drugs and psychotropic substances of abuse shall be open for scrutiny and disclosure for public information purposes. Section 27(2) Any person who breaches the provisions of this section commits an offence.

Section 28. General penalty. Section Any person who commits any offence under this Act for which the penalty is not provided shall be liable upon conviction to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding twelve years or both.

Section 29. Regulations. Section 29(1) The Cabinet Secretary may, on recommendation of the Authority, make Regulations generally for the better carrying out of the objects of this Act. Section 29(2)(a) prescribe anything required by this Act to be prescribed or prohibit anything required by this Act to be prohibited; Section 29(2)(b) prescribe the methods to be used in testing drugs; Section 29(2)(c) prescribe the information that manufacturers shall provide to the Authority including information on drugs, sales and advertising data, and information on product composition, ingredients, hazardous properties and brand elements; Section 29(2)(d) prescribe, subject to any other written law, the manner in which persons operating drug abuse treatment and rehabilitation facilities and persons practising in the field of drug abuse treatment and rehabilitation may be licensed; and Section 29(2)(e) prescribe guidelines for the prevention and reduction of drug demand and abuse.

Section 30. Transitional. Section 30(1) In this section— "appointed day" means the day upon which this Act comes into operation; "former Authority" means the National Campaign Against Drug Abuse Authority established under the State Corporations Act ( Cap. 446 ). Section 30(2) On the appointed day, all the funds, assets Asset and other property, both movable and immovable, which immediately before such date were vested in the former Authority, shall by virtue of this paragraph, vest in the Authority. Section 30(3) Any person who, at the commencement of this Act, is a member of staff of the former Authority shall, on the appointed day, become a member of staff of the Authority on the same or improved terms and conditions of service as may be specified by the Cabinet Secretary. Section 30(4) On the appointed day, every person who is a member of the Board of the former Authority shall, on and after such day, become a member of the Board of the Authority constituted under this Act for the remainder of his or her unexpired term. Section 30(5)(a) any disciplinary proceedings against any member of staff of the former Authority are in the course of being heard or instituted, or have been h...