ADVOKS GLOBAL · KENYA
Narcotic Drugs and Psychotropic Substances (Control) Act
84. Regulations
Edition: 2022-12-31 · In force
84. Regulations
(1)The Cabinet Secretary may make regulations generally for carrying out the purposes of this Act.(2)Without prejudice to the generality of subsection (1), and in particular, the Cabinet Secretary may by regulations make provision for all or any of the following matters—(a)prescribing standards for narcotic drugs and psychotropic substances that a licensee may possess, sell or supply to any person and the quantity of any narcotic drug or psychotropic substance that a licensee may have in his possession;(b)prescribing conditions regarding the sale or supply of narcotic drugs or psychotropic substances to any person by a licensee, including a medical practitioner or a dentist or registered pharmacist holding a licence;(c)prescribing the persons authorized to buy narcotic drugs or psychotropic substances and the conditions to which the authorization shall be subject;(d)regulating the issue of prescriptions containing narcotic drugs or psychotropic substances and the dispensing or supplying of narcotic drugs or psychotropic substances on prescriptions, and for requiring persons seeking prescriptions for any narcotic drugs or psychotropic substances to furnish to such authority any such information relating to those prescriptions may be specified by regulations;(e)regulating the prescription, administration, giving, selling or supplying of any narcotic drugs or psychotropic substances by a veterinary surgeon under section 13(2);(f)regulating the importation, exportation or diversion, sale, manufacture, production or distribution (at stated places) of any narcotic drugs or psychotropic substances;(g)specifying the port or place in Kenya through which any narcotic drugs or psychotropic substances may transit in Kenya;(h)specifying particulars to be contained in any export or import authorization for the exportation or importation of narcotic drugs or psyohotropic submances;(i)prescribing the form of an application for a removal licence, the forms of a removal licence and the fees that should accompany any such application and payable for the removal licence;(j)prescribing the form of application for a diversion certificate and the fees payable therefor;(k)prescribing the form of a diversion certificate, the fees payable therefor and the particulars it should contain;(l)specifying the manner in which any narcotic drug or psychotropic substance shall be packed, labelled or otherwise kept for export, sale, supply, administration or distribution;(m)prescribing the manner of disposal, or destruction of narcotic drugs and psychotropic substances under any provision of this Act;(n)prescribing the manner of destruction of prohibited plants;(o)prescribing the form of notice of application for a restraint order;(p)prescribing the manner of hearing a respondent in an application for a restraint order:(q)requiring the keeping of records that are to be kept, and the furnishing of information, by any person with respect to narcotic drugs or psychotropic substances or in connection with dealings in narcotic drugs or psychotropic substances;(r)prescribing the forms for any purpose under this Act, other than those prescribed under any other provision of this subsection;(s)prescribing any other matter that may be or is required to be prescribed by this Act by the Cabinet Secretary by regulations.(3)Regulations may also provide for authorizing any person who is licensed or otherwise authorized and who lawfully keeps any pharmacy for the retailing of poisons in accordance with the provisions of the Pharmacy and Poisons Act (Cap. 244)—(a)to manufacture at the shop in the ordinary course of his retail business any preparation, admixture, or extract, of any narcotic drug or psychotropic substance to which this Act applies; or(b)to carry on at the pharmacy the business of retailing, dispensing, or compounding, any such narcotic drug or psychotropic substance subject to the power of the Cabinet Secretary to withdraw the authorization in the case of a person who has been convicted of an offence under this Act or under the Pharmacy and Poisons Act (Cap. 244) or the Food, Drugs and Chemical Substances Act (Cap. 254) or who cannot, in the opinion of the Cabinet Secretary, properly be allowed to carry on the business of manufacturing or selling or distributing, as the case may be, of any such narcotic drug or psychotropic substance.(4)The Chief Justice may make rules prescribing the practice and procedure of the High Court or any other court in regard to proceedings for forfeiture and condemnation by any such court under any provision of this Act, or relating to proceedings for a restraint order under Part IV, and for matters connected with or incidental to such proceedings.(5)The Cabinet Secretary responsible for health may by regulations, make provisions for all or any of the following matters—(a)for the administration and management of, and for all matters relating to, Rehabilitation Centres established under section 52, including the security and safety of the persons who are committed or admitted into any such Centres;(b)the terms and conditions of appointment of the Chairperson and other members of the Advisory Council for Rehabilitation of Narcotic Addicts; and(c)for any other matter that may be, or is required to be prescribed by this Act by the Cabinet Secretary responsible for health.(6)Nothing in any regulations made under this section shall be taken as authorising the sale, or tbe keeping of an open shop for the retailing, dispensing, or compounding of poisons by any person who is not qualified in that behalf under, or otherwise than in accordance with, the provisions of the Pharmacy and Poisons Act (Cap. 244) or to be in derogation of the provisions of that Act prohibiting, restricting or regulating, the sale of poisons.