ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
43. Effect of forfeiture order
Edition: 2022-12-31 · In force
43. Effect of forfeiture order
(1)Where any order has been made under section 42—(a)no mortgage or charge in favour of any person or authority (not being the Government or a local authority) other than a mortgage or charge mentioned in the order as being secured by any or all of the property in respect of which the order is made, shall be enforceable by any court or other authority in respect of the property stated in the order; and(b)the property stated in the order as forfeited to the Government shall vest in the Government absolutely subject only to any mortgage or charge, or arrears of revenue due to a local authority, to which, as expressly stated in the order, the property is subject.(2)An order under section 42(1) in respect of immovable property shall be treated for all purposes as if it were a transfer or other document effecting the transfer of immovable property and on the production of a certified copy of the order the Chief Land Registrar or the Commissioner of Lands, as the case may be, shall make such annotations on the records as may be necessary.(3)Every person who is in possession of any property forfeited to the Government under section 42(1) shall, on the production of a certified copy of the order, forthwith hand over possession of it to the officer specified in that behalf, by the Cabinet Secretary for the time being responsible for finance, by general or special order.(4)Without prejudice to the provisions of subsection (3), an order under section 42(1) may be executed as if it were an order for the delivery of possession of movable or immovable property, as the case may be.