ADVOKS GLOBAL · KENYA
Firearms Act
38. Disposal of firearms, etc.
Edition: 2022-12-31 · In force
38. Disposal of firearms, etc.
(1)Where any firearm or ammunition has been held for a period exceeding three months in a firearms store maintained by the Kenya Police Force, the Inspector-General of Police may order the destruction or other disposal of that firearm or ammunition together with any case, holster, strap, lanyard, cleaning equipment, spare part or other accessory packed, carried or stored with the firearm or ammunition.(2)Before destruction or disposal under subsection (1) the Inspector-General of Polcie shall take such steps as he deems possible and appropriate to give notice to the owner of the firearm or ammunition (if known) of his intention so to act, and subject thereto shall allow the owner a period of not less than two months within which to make arrangements to the satisfaction of the Inspector-General of Police for the disposal of the firearm or ammunition.(3)In the event of a firearm or ammunition being sold by the Inspector-General of Police or any person or body on his behalf, the proceeds of the sale, after deduction of the expenses of and incidental to the sale, shall be paid over to the owner or, if the owner cannot by the exercise of reasonable diligence be traced, shall be held on deposit for a period of three months and shall then be paid into the Consolidated Fund.(4)Where the firearm or ammunition has been sold in bulk together with other firearms or ammunition in circumstances which prevent the actual proceeds and expenses from being separately identified, the proportions of the bulk proceeds and expenses attributable to the owner shall be assessed and determined by or under the directions of the Inspector-General of Police.(5)No compensation shall be payable to any person in respect of any act or omission done or made in good faith under this section.