AGADVOKS GLOBALKENYA · ENGLISH
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Distress for Rent Act

6. Crops may be detained and sold

Edition: 2022-12-31 · In force

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6. Crops may be detained and sold

(1)Any person having rent in arrear and due upon a grant, demise, lease or contract may instruct a licensed auctioneer to seize and secure any crops loose and not attached to the land or lying and being in any barn or granary, or in any place or building used for the storage of crops or otherwise, upon any part of the land or ground charged with that rent, and may lock up or detain them in the place where they are found, for or in the nature of a distress, until they are replevied, and in default of their being replevied upon security to be given within fourteen days from the seizure thereof the crops be sold for the best price which can be obtained for them:Provided that crops so distrained shall not be removed by the person distraining to the damage of the owner thereof out of the place where they are found and seized, but be kept there (as impounded) until they are replevied or sold in default of replevying them within the fourteen days.
(2)The provisions of subsections (2), (3) and (4) of section 4 shall apply to crops seized and secured under this section.[Act No. 5 of 1996, s. 34.]
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Source: Kenya Law