ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
169. Release of seized goods
Edition: 2026-07-10 · In force
169. Release of seized goods
(1)The Court may, on application, order the release of any fishing vessel, vehicle, aircraft or other item seized under this Act on receipt of such bond or other form of security as it may determine.(2)In determining the value of the bond or other form of security in respect of a foreign fishing vessel or a fishing vessel which is not a Kenyan fishing vessel, the Court shall have regard to—(a)the aggregate amount of the fair market value of the property to be released;(b)an estimated total fine or other penalty provided for the offence or offences charged or likely to be charged;(c)the costs the prosecution would be likely to recover if a conviction were entered;(d)and any damages and costs assessed as a consequence of the offence or offences charged or likely to be charged, and may set the value at such aggregate amount.(3)Notwithstanding the provisions of subsection (2), the amount determined by the Court under this Act shall not be less than the fair market value of the property to be released or the aggregate minimum fine or penalty for each offence charged, whichever is greater.(4)Where any vessel, vehicle, aircraft or other item seized is released upon the lodging of a bond or other form of security under subsection (1), the Court shall in the order state separately the sums which are attributable to the property to be released, the total fine or fines and the likely costs.(5)The release of any bond or other form of security under this Act shall be conditional upon—(a)a finding by the Court that the vessel, vehicle, aircraft or other item has not been used in or in connected with in the commission of an offence under this Act; or(b)where the Court finds that the vessel, vehicle, aircraft or other item has been used in or in connection with the commission of an offence under this Act—(i)payment in full within thirty days of the judgment of the Court of any fine imposed by the Court and any costs ordered to be paid by the Court; and(ii)where the Court so orders, delivery to the Court of the vessel, including its fishing gear, furniture, appurtenances, stores and cargo, and of any fish ordered to be forfeited without any impairment of their value, or payment of the monetary value thereof as determined by the Court.(6)Nothing in subsection (1) shall require a Court to release any vessel, vehicle, aircraft or other item if it may be required as an exhibit in court proceedings or is reasonably required for any further investigations of offences against this Act.