Act No: No. 4 of 1994
Act Title: NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)
SUBSIDIARY LEGISLATION
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)(RESTRAINT AND FORFEITURE) REGULATIONS, 1997
1.

These Regulations may be cited as the Narcotic Drugs and Psychotropic Substances (Control) (Restraint and Forfeiture) Regulations, 1997.

2.
(1)

Where the Attorney-General has reasonable grounds to believe that a person has committed a specified offence and investigations into the offence have commenced, the Attorney-General may apply to the court for a restraint order in respect of any or all of the property of the person.

(2)

A copy of the application under paragraph (1) shall be served upon the respondent thereto and published for general information in the Gazette and in at least two daily newspapers circulating in the area in which the property is situated.

(3)

Any person with an interest in property which the subject matter of an application for a restraint order under the regulation may, at any stage of the proceedings, apply to the court to be made a party to such proceedings.

3.

Where the court is satisfied as to the matters averred in the application for a restraint order, the court may make the order and shall cause it to be published for general information in the Gazette and in at least one newspaper circulating in the area in which the property is situated.

4.

A restraint order made under the provisions of these Regulations shall remain in force until it is revoked by the court or the property in respect of which it is made is forfeited to the Government, whichever is the earlier.

5.

Any person who handles any property which is subject to a restraint order in any manner contrary to the terms of such order shall be guilty of an offence and liable to a fine not exceeding two hundred and fifty thousand shillings, or to both imprisonment for a term not exceeding five years, or to both.

6.

Where a person is convicted of a specified offence and the court makes a final decision in which such a person is found guilty, the court shall cause a notice to that effect to be published in the Gazette and in at least one newspaper circulating in the area in which the property is situated.

7.

A notice published under regulation 6 shall state the fact of the conviction and the liability of the person’s property to forfeiture.

8.

Any person with an interest in property which is subject to an order for forfeiture may, within thirty days of the publication of a notice under regulation 6, apply to the court for any relief to which he is entitled under the Act.

9.

Where a final order for forfeiture has been made in respect of any property, all interests in that property prior to such order shall be void.

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CONTROL)(SEIZURE, ANALYSIS AND DISPOSAL) REGULATIONS, 2006

ARRANGEMENT OF REGULATIONS

PART 1 – PRELIMINARY

1.

Citation

2.

Interpretation

PART II – GENERAL PROCEDURES AT AND IMMEDIATELY AFTER SEIZURE

3.

Collection and processing of evidence at seizure

4.

Procedure immediately after seizures

PART III – SUBSEQUENT GENERAL PROCEDURES

5.

Analysis of seized substances

6.

Procedure after analysis

7.

Storage, security and transportation of seized substances

8.

Destruction of seized substance

9.

Safe custody of seized substance

10.

Tampering with seized substance

11.

Maintenance of records of custody of seized substance

12.

Admission into evidence of records of custody of seized substances

PART IV – SPECIAL PROCEDURES TO BE APPLIED WHERE SEIZED SUBSTANCES ARE TO BE USED IN EVIDENCE, BUT SECTION 74A OF THE ACT CANNOT BE APPLIED

13.

Application by the Attorney-General for a destruction order

14.

Destruction order by a magistrate

15.

Procedure following the grant of destruction order by a magistrate

16.

Persons to be charged entitled to have sample analysed

17.

Penalty for contravening these Regulations

SCHEDULES

FIRST SCHEDULE
SECOND SCHEDULE