ADVOKS GLOBAL · KENYA
Motor Vehicle Components and Accessories Act
18. Forfeiture of motor vehicle components or accessories
Edition: 2022-12-31 · In force
18. Forfeiture of motor vehicle components or accessories
(1)Subject to subsections (3) and (4) of this section, a magistrate may order that any motor vehicle components or accessories in respect of which an offence under this Act or any subsidiary legislation made thereunder has been committed shall be forfeited.(2)Any motor vehicle components or accessories found without an apparent owner may be seized by a police officer and shall as soon as possible be taken before a magistrate, who, if satisfied that the owner cannot be found, shall declare them or it to be forfeited.(3)An order for the forfeiture of motor vehicle components or accessories under subsection (1) or subsection (2) of this section may be a conditional order, and upon a conditional order being made the magistrate shall direct a police officer to advertise the order in one issue of the Gazette.(4)If, within three months from the date of the Gazette in which the advertisement issued under subsection (3) of this section appears, any person proves to the satisfaction of a magistrate that he has a lawful title to the motor vehicle components or accessories in respect of which the conditional order of forfeiture has been made, or any part thereof, and that he was not concerned in the offence (if any) in respect of which such order was made, the magistrate may order the said motor vehicle components or accessories, or such part as the magistrate considers just, to be delivered to that person subject to the prior payment of any such sum as the magistrate may direct to be paid in reimbursement of the expenses incurred in recovering, transporting and storing such motor vehicle components or accessories and in publishing such advertisement as aforesaid; in default of such an order for delivery as aforesaid, the conditional order for forfeiture shall become absolute upon the expiration of the said period of three months.(5)The provisions of this section shall have effect notwithstanding the provisions of section 63 of the National Police Service Act (Cap. 84).