ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
39. Provision for payment of moneys owed
Edition: 2022-12-31 · In force
39. Provision for payment of moneys owed
(1)Where a person, in respect of whom a notice has been published under section 41 (2) or (5), owed immediately before the commission by him of the relevant specified offence, moneys not secured by or charged on property liable to forfeiture under section 36, any person to whom the moneys were due may apply to the Court within thirty days of the publication of the notice in a newspaper or such further time as may be allowed by the Court, requesting that such part of the property be liable to forfeiture and placed at the disposal of the Official Receiver for the payment of the moneys so owed.(2)On the receipt of an application under subsection (1) and on being satisfied that the applicant was not concerned in, or privy to, the commission of the offence, the Court may release from forfeiture and place at the disposal of the Official Receiver such part of the property of the person in respect of whom a notice has been published under section 41 (2) or (5), as it thinks fit having regard to the following—(a)whether the liability was incurred bona fide:(b)the secured debts of the person;(c)the revenues that the person owes to the Government or any local authority; and(d)the proportion of the total liabilities of the person to his total assets.