ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
31. Management of property by Official Receiver
Edition: 2022-12-31 · In force
31. Management of property by Official Receiver
(1)Where the Court has directed the Official Receiver under section 26 to have the custody and control of any property specified in a restraint order, the Court may—(a)on the application of the Director of Public Prosecutions, the Official Receiver or the person against whom the order has been made—(i)give instructions to the Official Receiver in respect of the management of the property; and(ii)decide any question that may arise in the course of the management of the property by the Official Receiver; and(b)on the application of the Director of Public Prosecutions or the Official Receiver direct the person against whom the restraint order has been made, to furnish to the Official Receiver, within such time as may be specified by the Court, such information and particulars relating to the property, in respect of which the restraint order has been made, as may be specified in the direction.(2)The Official Receiver shall not be personally liable—(a)for any loss or damage, arising from his having taken custody or control of any property, sustained by a person claiming the property or any interest in the property; of(b)for the cost of proceedings taken to establish any claim to the property or to any interest in the property,unless, the Court is of the opinion that the Official Receiver has been guilty of negligence in respect of the taking of custody or control of the property.(3)The Official Receiver shall not be personally liable for any taxes, duties, rates or other municipal or other statutory charges imposed by or under any law in respect of the property of any person of which he has been directed by a restraint order to take custody and control except to the extent if any of rents and profits received by the Official Receiver in respect of that property on or after the date of the restraint order.(4)On taking custody and control of a person's property in accordance with a restraint order, the Official Receiver becomes be entitled to receive, in respect of the performance of the Official Receiver's functions in relation to the property, fees equal to the fees that that would be payable if the Official Receiver were carrying out the functions of a bankruptcy trustee under the Insolvency Act (Cap. 53).