ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
70. Interpretation
Edition: 2022-12-31 · In force
70. Interpretation
(1)Subject to subsection (2), in section 69, "items subject to legal privilege" means—(a)communications between an advocate and his client or any person representing his client, made in connection with the giving of legal advice to the client;(b)communications between—(i)an advocate and his client or any person representing his client; or(ii)between an advocate, or his client, or any such representative and any other person;made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; or(c)items enclosed with or referred to in such communications and made—(i)in connection with the giving of legal advice; or(ii)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings, when the items are an the possession of a person who is entitled to possession of them.(2)Any item held with the intention of furthering a criminal purpose is not an item subject to legal privilege.(3)Subject to subsection (4), in section 69, "excluded material" means—(a)personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence; or(b)human tissue or tissue fluid which has been taken for the purpose of diagnosis or medical treatment and which a person holds in confidence; or(c)journalistic material which a person holds in confidence and which consists of documents or of records other than documents.(4)A person holds material other than journalistic material in confidence for the purposes of this section if he holds it subject—(a)to an express or implied undertaking to hold it in confidence; or(b)to a restriction on disclosure or an obligation of secrecy contained in any written law whether made or enacted before or after the commencement of this Act.(5)A person holds journalistic material in confidence for the purposes of this definition if—(a)he holds it subject to such an undertaking, restriction or obligation; and(b)it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.(6)In subsection (3)—"personal records" means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating to—(a)his physical or mental health;(b)spiritual counselling or assistance given or to be given to him; or(c)counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organization, or by any individual who—(i)by reason of his office or occupation has responsibilities for his personal welfare; or(ii)by reason of an order of a court has responsibilities for his supervision;"journalistic material" means material acquired or created for the purposes of journalism but only if such material is in the possession of a person who acquired or created it for such purposes; and a person who receives material from someone who intends that the recipient shall use it for such purposes is to be taken to have acquired it for those purposes;"document" includes, in addition to a document in writing—(a)any map, plan, graph or drawing;(c)any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without and of some other equipment) of being reproduced therefrom; and(d)any film, microfilm, negative, tape or other device in which one or more visual images are embodied so as to be capable of being reproduced therefrom.