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National Police Service Act

63. Custody of unclaimed property

Edition: 2023-09-15 · In force

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63. Custody of unclaimed property

(1)A police officer shall—
(a)take charge of all unclaimed property handed to him by any person or found by him to be unclaimed; and
(b)deliver that property without delay to the nearest police station.
(2)Where any property has come into the possession of the Police, the police officer shall furnish an inventory or description of the property within forty eight hours to a magistrate having jurisdiction in the area in which the property is found by, or handed to the magistrate, and the magistrate shall—
(a)give orders for the detention of the property; and
(b)cause a notice to be posted in a conspicuous place in the magistrate's court and at such police station as the magistrate considers necessary.
(3)The notice under paragraph (2)(b) shall describe the property and require any person who may have a claim thereto to appear before the Magistrate or other person specified therein and establish their claim within twelve months from the date of the notice.
(4)Notwithstanding subsection (3), if the unclaimed property is—
(a)liable to deterioration, the magistrate shall deal with it in such a manner as may be appropriate; or
(b)a firearm or ammunition, the magistrate may order that the property be disposed of in such manner as the Inspector-General may prescribe in regulations.
(5)If no owner establishes his claim to the property within twelve months from the date of the notice, the property may be sold in a manner directed by the Magistrate.
(6)Where the unclaimed property has been sold in accordance with subsection (5) the proceeds of sale shall be paid to the person who establishes his claim, or, if no lawful claim to the property has been established, the proceeds shall be paid into the Government Revenue.
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Source: Kenya Law