ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
38. Provision for maintenance of wife and children
Edition: 2022-12-31 · In force
38. Provision for maintenance of wife and children
(1)While making an order for forfeiture of the property of a person under section 41, the Court may place at the disposal of the Official Receiver such part of his property as the Court thinks fit for meeting the liability of such person for paying maintenance to—(a)his wife, if he has a wife living; and(b)minor child or children, if any,and determine the sum payable to the wife and each minor child, the person to whom the sum payable in respect of each child shall be paid, and the periods of payment.(2)In determining the value of the property to be placed at the disposal of the Official Receiver under subsection (1) the Court shall have regard to the property released under section 40 to the person against whom the order for forfeiture of property is proposed to be made.(3)The Court may, on application of the Director of Public Prosecutions, the Official Receiver or any person to whom maintenance is payable under subsection (1) vary its decision in respect of the matters referred to therein.(4)When maintenance ceases to be payable to the wife and all the children of the person whose property is liable to forfeiture under section 36, the Court shall order the properly placed at the disposal of the Official Receiver under subsection (1), including accretions thereto, or the balance of such properly including accretion thereto, to be forfeited to the Government.