ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
42. Forfeiture order
Edition: 2022-12-31 · In force
42. Forfeiture order
(1)At the conclusion of the proceedings under section 41 the Court shall make an order determining—(a)whether, the person against whom the application has been made has committed a specified offence;(b)the property of that person;(c)any mortgage or charge secured by or over the property;(d)the property placed at the disposal of the Official Receiver under section 39 (1) and the sums of money the Official Receiver has to pay in respect of the person mentioned in section 38 (1) (a) or (b), the person to whom the sum payable in respect of each minor chid shall be paid and the dates of payment;(e)the property excluded from forfeiture under section 40;(f)the Property forfeited to the Government; and(g)the extent to which any property forfeited to the Government, shall be liable for arrears of revenue due to a local authority.(2)A notice shall be published in a newspaper circulating in Kenya and in the Gazette stating the particulars of the property placed at the disposal of the Official Receiver and the property forfeited to the Government under subsection (1).(3)An Order under subsection (1) so far as it relates to immovable property forfeited to the Government shall be treated for all purposes as if it were a transfer or other document effecting the transfer or other document effecting the transfer of immovable property and the Commissioner of Lands or Chief Land Registrar, as the case may be, shall take due notice thereof and shall make such annotations on the records as may be necessary.