ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
32. Exclusion of property, recognition of claims, and revocation of restraint order
Edition: 2022-12-31 · In force
32. Exclusion of property, recognition of claims, and revocation of restraint order
(1)Any person who has title to any property or claims an interest, including a mortgage or charge in or over any property in respect of which a restraint order has been made, may apply to the Court, within thirty days of the making of the restraint order, stating the particulars of his claim and if the Court is satisfied that the applicant has title to the property, the Court may exclude the property from the operation of the restraint order.(2)An application under subsection (1) may be entertained by the Court after the expiry of the period of thirty days if the Court is satisfied that there are sufficient reasons to do so.(3)No order in favour of any applicant under subsection (1) shall be made by the Court if there is reasonable ground to believe that the applicant was concerned in, or privy to, the specified offence alleged to have been committed by the person against whom the restraint order bas been made.(4)Where—(a)before the expiry of six months or such further time as may be allowed by the Court in that behalf, from the date of the restraint order, no complaint is made or information is laid before any Court in respect of any specified offence against the person against whom the restraint order is made; or(b)a complaint is made or information is laid against such person in respect of a specified offence and the complaint is dismissed or the person is discharged or acquitted by the court which tried him and there is no appeal from the dismissal of the complaint or the discharge or acquittal is confirmed on appeal,the Court may, on the application of the person against whom the restraint order was made, revoke the restraint order.