ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
7. Forfeiture of land used for cultivation of prohibited plants
Edition: 2022-12-31 · In force
7. Forfeiture of land used for cultivation of prohibited plants
(1)Where a person is convicted of an offence under section 6 with reference to the cultivation of the prohibited plant on any land, not being Government land and that person was at the time of the commission of the offence—(a)the owner of the land which the prohibited plant was cultivated; or(b)the holder of a lease, licence, permit or any other similar right in the land and he has carried on the cultivation of the prohibited plant with the consent, co-operation or assistance of the owner of the land.then, the court convicting him shall, in addition to the penalty provided for that offence in section 6, order the land to be forfeited to the Government.(2)Where a person is convicted of any offence under section 6 with reference to the cultivation of any prohibited plant on any land, not being Government land, and—(a)such person was, at the time of the commission of the offence, the holder of a lease, licence permit or any other similar right in the land on which the prohibited plant was cultivated; and(b)the cultivation of the prohibited plant was carried on without the consent, co-operation or assistance of the owner of the land,then, the court convicting him shall in addition to the penalty provided for that offence in section 6, order that the lease, licence permit or any other right in the land shall sit and terminated forthwith and thereupon all the interest in the land of the person so convicted shall revert to the owner of the land, who shall, subject to the other provisions of this Act, be entitled to enforce the order as if it were an order for possession made in his favour by a tribunal under the Rent Restriction Act (Cap. 296).Provided that the person so convicted shall not be entitled either to remove any prohibited plant from the land or to receive any sum by way of compensation for or otherwise in relation to the value of any such plant.(3)Where a person is convicted of an offence under section 6, with reference to the cultivation of any prohibited plant on any Government land, and such person is the holder of a lease, licence, permit or any other similar right in the land, then, subject to subsection (4), the court convicting him shall, in addition to the penalty provided for that offence in section 6, order the lease, licence, permit or any other right in the land of the person so convicted shall revert the Government.(4)Where under this section—(a)any land, is forfeited to the Government, the holder of any mortgage or charge on such land, so forfeited shall, where such mortgage or charge was created bona fide and for valuable consideration, be entitled, notwithstanding such forfeiture to enforce the mortgage or charge against the land so forfeited; or(b)any lease is forfeited to the Government or stands terminated, the holder of any mortgage or charge on the leasehold right shall, where such mortgage or charge was created bona fide and for valuable consideration be entitled, notwithstanding such forfeiture or termination, to enforce, the mortgage or charge against the land to the extent of the value of the leasehold right on the date of the creation of the mortgage or charge:Provided that this subsection shall not apply in the case of the holder of any mortgage or charge where he was concerned in or was privy to, the commission of the offence of which the person referred to in section 6 was convicted and as a result of which conviction the land is forfeited to the Government or, as the case may be, the lease is forfeited to the Government or stands terminated.