AGADVOKS GLOBALKENYA · ENGLISH
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Narcotic Drugs and Psychotropic Substances (Control) Act

77. Notice of seizure

Edition: 2022-12-31 · In force

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77. Notice of seizure

(1)Where any narcotic drug or psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance or any other article or thing liable for forfeiture is seized under this Act, notice of the seizure shall be given by the person seizing me same as soon as possible to the owner or to the person in charge thereof if such person is not the owner.
(2)A notice under subsection (1) shall be given to the owner or person in charge—
(a)by delivering the notice personally to the owner or person in charge, as the case may be, or by sending the notice by post to his usual place of abode or business premises; or
(b)if the owner of person in charge, as the case may be, is not known or, if known, he cannot be found after reasonable enquiry and his usual place of abode and his business premises are not known, or he refuses to accept the notice when tendered to him, by publishing the notice in one newspaper or circulating in Kenya.
(3)Any person who claims any article or thing referred to in subsection (1) and seized under this Act, as its owner or any other person duly authorized by such owner may give notice to the Inspector-General of Police what he claims the article or thing within thirty days of the date on which the notice of seizure under subsection (1) was delivered under subsection (2) (a) or, if the notice of seizure was not so delivered of the date on which the owner came to know of the seizure:Provided that no notice of claim shall be entertained by the Inspector General of Police under this subsection after the expiry of ninety days from the date of the seizure.
(4)Any narcotic drug or psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance or any other article or thing seized under this Act and in respect of which no notice of claim was given before the expiry of the time prescribed therefor shall be deemed to be taken and condemned and may be disposed of by the Cabinet Secretary in such manner as may be prescribed by regulations.
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Source: Kenya Law