ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
28. Effect of restraint order
Edition: 2022-12-31 · In force
28. Effect of restraint order
(1)Where a restraint order has been made by the Court in respect of any property all transfers of that property or any interest in that property, during the period when the restraint order is in force, shall be void.(2)Nothing in subsection (1) shall prevent—(a)any court from enforcing a mortgage or charge against any property referred to therein where the Court is satisfied that—(i)the mortgage or charge was created bona fide for valuable consideration; or(ii)the person in whose favour the mortgage or charge was created and registered was not concerned in, or privy to, the commission of a specified offence by the person against whom the restraint order has been made; or(b)the recovery of any revenue due to the Government or a local authority by sale of any property referred to therein.(3)Where a restraint order has been made in respect of any property, the Attorney-General shall be made a party to any action or other proceeding for the enforcement of any mortgage or charge against the property.