ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
41. Procedure in respect
Edition: 2022-12-31 · In force
41. Procedure in respect
(1)Where any person has been convicted of a specified offence, and the court convicting him is a court other than the High Court, the court convicting him shall, as soon as possible after such conviction make a report to the High Court stating the particulars of the person so convicted, the offence of which he was convicted and such other particulars as may be prescribed by regulations.(2)The High Court on receiving the report under subsection (1) in respect of any person, of on convicting any person for a specified offence, shall publish in a newspaper circulating in Kenya and in the Gazette, a notice stating the fact of such conviction, the liability for his property to be forfeited and the right of any person referred to in section 37, 38 (1) or 39(1) or by the person in respect of whom the notice is published to apply, within such time as may be specified therein (which shall in the case of an application under section 39 (1) or 40 (1) be consistent with those provisions), for any relief to which he is entitled under section 37, 38, 39 or 40.(3)For the purposes of this Part, the conviction of a person for a specified offence shall be deemed to be conclusive evidence that he has committed the specified offence.(4)Without prejudice to the provisions of subsections (1) and (2), the Director of Public Prosecutions may apply to the Court to recover any forfeiture imposed by section 36.(5)Where any application is made under subsection (4), the Court shall, as soon as possible after the application is made, publish in a newspaper circulating in Kenya and in the Gazette a notice stating the fact of the application having been made and the right of any person referred to in section 37, 38 or 39 (1) or by the person in respect of whom the notice is published to apply, within such time as may be specified therein (which shall in the case of an application under section 39 (1) or 40 (1) be consistent with those provisions), for any relief to which he is entitled under section 37, 38, 39 or 40.(6)The Court may examine the person, in respect of whose property the application is made—(a)to determine his property with respect to any matter relating to an application made under section 37, 38, 39 or 40; or(b)where he has not been convicted of the specified offence referred to in the application under subsection (4), with his consent, in respect of the specified offence he is alleged to have committed,and take and receive such other evidence as it deems necessary to adjudicate on the maters arising for decision in the proceedings.