ADVOKS GLOBAL · KENYA
Penal Code
325. Tracing possession
Edition: 2023-12-11 · In force
325. Tracing possession
(1)If any person brought or appearing before a court under section 323 or section 324 declares that he received any such thing as therein mentioned from some other person, or that he was employed as a carrier, agent or servant to convey the same for some other person, the court may cause every such other person, and also any other person through whose possession any such thing shall previously have passed, to be brought before it.(2)Upon any such person as is mentioned in subsection (1) being brought before it, it shall be lawful for the court to examine him as to whether he has been in possession of any such thing as aforesaid, and upon his admitting such possession, or upon it being proved to the satisfaction of the court that such person has been in possession of any such thing, the court may call upon such person to give an account to the satisfaction of the court by what lawful means such person came by such thing, and if such person fails, within a reasonable time to be assigned by such court, to give such account, he is guilty of an offence and is liable to a fine not exceeding one thousand four hundred shillings or to imprisonment for a term not exceeding six months.(3)For the purposes of this section, the possession of a carrier, agent or servant shall be deemed to be the possession of the person who shall have employed such carrier, agent or servant to convey the same.