ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
40. Claim by person who has committed a specified offence
Edition: 2022-12-31 · In force
40. Claim by person who has committed a specified offence
(1)Any person in respect of whom a notice has been published under section 41 (2) or (5) may apply to the Court, within thirty days of the publication of the notice in a newspaper, for the release from forfeiture of any property belonging to him on the ground that he acquired it—(b)by gift from a relation who was not concerned in or privy to, the specified offence of which he was convicted or with reference to which the application for forfeiture has been made under section 41 (4), or any other offence under this Act; or(c)with moneys earned by him through lawful means.(2)Where the Court is satisfied that the property was acquired by the person applying under subsection (1) in any manner specified in that subsection, the Court shall, subject to any terms and conditions as may be specified by it, exclude it from the property forfeited to the Government under section 36.(3)In this section, "relation" includes, in the case of a man, his wife or reputed wife and in the case of a woman her husband or reputed husband.