Spent.

Subject to subsection (3), any person who has in his possession any narcotic drug or psychotropic substance shall be guilty of an offence.

A person who, being outside Kenya, conspires with a person who is in Kenya to commit an offence under this Act in any place outside Kenya being an act which if committed in Kenya, would constitute an offence under this Act shall be deemed to have conspired to commit that act in Kenya.

A person who, being in Kenya, conspires with a person who is outside Kenya to commit an offence under this Act in Kenya shall be deemed to have conspired in Kenya to carry out that act.

A person who, being outside Kenya, conspires with a person who is outside Kenya to carry out an offence under this Act in Kenya shall be deemed to have conspired in Kenya to do that act.

A person who being in Kenya, conspires with another person who is also in Kenya to commit an offence under this Act in Kenya or outside Kenya commits an offence.

A person who conspires to commit an offence under this section commits an offence and is liable, on conviction, to a fine of not less than one hundred million shillings and to imprisonment for life.

Any person who knowing or having reason to believe that a parcel, package, container or other thing contains any narcotic drug or psychotropic substance, handles the parcel, package container or other thing, shall, except where such handling is by a public officer in the course of his official duties or a registered pharmacist be guilty of an offence and liable to a fine of one hundred thousand shillings or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

Any person who commits any offence referred to in subsection (2) in relation to any narcotic drug or psychotropic substance will a view to aiding, abetting or procuring the trafficking in the narcotic drug or psychotropic substance shall be liable to the penalty prescribed by section 4.

An owner, occupier or person concerned with the management of any premises, shall keep a register in his premises, and shall enter or cause to be entered in the register the name and address of every tenant and occupier who occupies the premises, and such other particulars as may be prescribed.

An owner, occupier or person concerned with the management of any premises, shall enter or cause to be entered regularly in a book kept for the purpose, all such particulars, other than particulars prescribed in respect of the register required under subsection (1) to be kept, as may be prescribed.

A person who fails to comply with this section, or who makes or causes or permits to be made in any register or book required in this section to be kept, any entry which he knows or has reason to believe to be false, shall be guilty of an offence and is liable to a fine of not less than one million shillings or to a term of imprisonment of not less than two years, or both such fine and imprisonment.

It shall be a defence if a person who is an owner, occupier or a person concerned with the management of any premises, complies with section 5A.

Where a person is convicted of an offence under section 6, with reference to the cultivation of any prohibited plant on any Government land, and such person is the holder of a lease, licence, permit or any other similar right in the land, then, subject to subsection (4), the court convicting him shall, in addition to the penalty provided for that offence in section 6, order the lease, licence, permit or any other right in the land of the person so convicted shall revert the Government.

The notice referred to in subsection (1) shall be served on all persons who are known to the court, at the time of the conviction of the person under section 6, as being the owners, or as having any interest in, or as being in possession of, the land in respect of which an order is proposed to be made under section 7, and every such person shall be given a reasonable opportunity of being heard before the order is made.

Where the person convicted under section 6 and referred to in section 7 is the holder of a lease, licence, permit or any other right in the land granted by an intermediate lessee and the cultivation of the prohibited plant was carried on by that person without the consent, co-operation or assistance of the intermediate lessee the intermediate lessee may, before an order of forfeiture is made under any of those provisions, apply to the court convicting the person before the date for hearing specified in the notice under section 9 praying that, instead of the land being forfeited to the Government or reverting to the owner of the land, as the case may be, the intermediate lessee may be allowed to be in possession of the land on the terms of the lease in his favour.

If the court is satisfied of the facts mentioned in subsection (1) in relation to the applicant, and subject to subsection (3) the court may allow the application and thereupon all the interests in the land of the person so convicted shall revert to the intermediate lessee, instead of being forfeited to the Government or reverting to the owner of the land, as the case may be, and the intermediate lessee shall be entitled to enforce the order in the same manner as the owner of the land may enforce an order under section 7:

Provided that the person so convicted shall not be entitled either to remove any prohibited plant from the land or to receive any sum by way of compensation for or otherwise in relation to the value of any such plant.

Upon the making of an order under section 7 the Commissioner of Lands or the Chief Land Registrar, as the case may be, or any officer nominated by him in that behalf shall, with such assistance as, in his opinion, is required or expedient, take possession of the land described in the order for and on behalf of the Government and for that purpose may, if need be, remove therefrom any person refusing to vacate such land and use such force as may be reasonable for that purpose.

Where an order is made under section 7 or subsection (1) forfeiting any land or reverting any land to the owner or an intermediate lessee of the land, the order shall be treated for all purposes as if it were a transfer or other document effecting a transfer of immovable property or any interest therein and the Commissioner of Lands or Chief Land Registrar shall, on the production to him of the original order, take due notice thereof and shall make such annotations on me records as may be necessary.

A court convicting any person of an offence under this Act shall direct the Inspector General of Police or any police officer authorized by him to destroy all the prohibited plants found on any land to which the offence relates and the Inspector General of Police or any such police officer, as the case may be, shall cause all such plants, to be destroyed in such manner as may be prescribed by regulations.

Where any police officer or any other person authorized by the Inspector General of Police is, upon entry and inspection under section 11, satisfied that the plants found on any land, are prohibited plants, he shall destroy them in such manner as may be prescribed by regulations.

Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine of not less than two hundred and fifty thousand shillings or to imprisonment for a term not exceeding ten years or to both such fine and imprisonment.

A law enforcement officer or a public officer who aids or abets any offence under this Act including through concealing the commission of any offence or colluding with any person suspected of committing an offence under this Act, commits an offence and shall be liable upon conviction to a fine of not less than twenty million shillings and imprisonment for a term of not less than twenty years.

Any person who, being employed as a law enforcement officer or a public officer, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another, commits an offence and shall, upon conviction, be liable to a fine of not less than three hundred thousand shillings or imprisonment for a term of not less than five years, or to both.

Any machinery, equipment, implement, pipe, utensil, or other article used for the commission of any offence under this Act shall be forfeited to the Government.

For the purposes of this Part references to an accused person shall be deemed to include reference to any defendant in a complaint in respect of an offence under this Act.

Where there are reasonable grounds to believe that any person has committed a specified offence and investigation has commenced in relation to it, the Director of Public Prosecutions may apply to the Court for a restraint order in respect of an or any of the property of the person.

The Court may, before or after an order is made on any application under section 22, direct the respondent to submit, within such time as is allowed by the Court, a statement of all his assets and liabilities.

Subject to this Act, a copy of the application for a restraint order shall be served on the respondent in the same manner as if it is a notice of motion and the respondent shall be given by the Court a reasonable opportunity of being heard before a final order is made on the application in accordance with the rules of court made in respect thereof, or until rules are made, in accordance with the rules of court applicable to the hearing of motions.

Nothing in subsection (1) shall be deemed to prevent the Court from making such interlocutory orders as it deems appropriate to meet the ends of justice and to prevent the respondent from defeating the purposes of the provisions of this Part before the service of notice under subsection (1) on the respondent.

Without prejudice to subsection (2), the Court may, pending decision on an application under section 22, attach any movable property of the respondent including moneys payable to him.

Where a restraint order has been made by the Court in respect of any property all transfers of that property or any interest in that property, during the period when the restraint order is in force, shall be void.

Where a restraint order has been made in respect of any property, the Attorney-General shall be made a party to any action or other proceeding for the enforcement of any mortgage or charge against the property.

The Official Receiver shall not be personally liable for any taxes, duties, rates or other municipal or other statutory charges imposed by or under any law in respect of the property of any person of which he has been directed by a restraint order to take custody and control except to the extent if any of rents and profits received by the Official Receiver in respect of that property on or after the date of the restraint order.

On taking custody and control of a person's property in accordance with a restraint order, the Official Receiver becomes be entitled to receive, in respect of the performance of the Official Receiver's functions in relation to the property, fees equal to the fees that that would be payable if the Official Receiver were carrying out the functions of a bankruptcy trustee under the Insolvency Act (Cap. 53).

Any person who has title to any property or claims an interest, including a mortgage or charge in or over any property in respect of which a restraint order has been made, may apply to the Court, within thirty days of the making of the restraint order, stating the particulars of his claim and if the Court is satisfied that the applicant has title to the property, the Court may exclude the property from the operation of the restraint order.

An application under subsection (1) may be entertained by the Court after the expiry of the period of thirty days if the Court is satisfied that there are sufficient reasons to do so.

No order in favour of any applicant under subsection (1) shall be made by the Court if there is reasonable ground to believe that the applicant was concerned in, or privy to, the specified offence alleged to have been committed by the person against whom the restraint order bas been made.

Where a person against whom a restraint order has been made dies within the period specified in section 31(1) (b) or before the complaint made or information laid against him in any court in respect of a specified offence is finally decided or any appeal against any, such decision is finally disposed by the court to which the appeal is made, any of his legal representatives may apply to the Court within sixty days of his death for the revocation or variation of the restraint order.

In determining the value of the property to be placed at the disposal of the Official Receiver under subsection (1) the Court shall have regard to the property released under section 40 to the person against whom the order for forfeiture of property is proposed to be made.

The Court may, on application of the Director of Public Prosecutions, the Official Receiver or any person to whom maintenance is payable under subsection (1) vary its decision in respect of the matters referred to therein.

When maintenance ceases to be payable to the wife and all the children of the person whose property is liable to forfeiture under section 36, the Court shall order the properly placed at the disposal of the Official Receiver under subsection (1), including accretions thereto, or the balance of such properly including accretion thereto, to be forfeited to the Government.

Where a person, in respect of whom a notice has been published under section 41 (2) or (5), owed immediately before the commission by him of the relevant specified offence, moneys not secured by or charged on property liable to forfeiture under section 36, any person to whom the moneys were due may apply to the Court within thirty days of the publication of the notice in a newspaper or such further time as may be allowed by the Court, requesting that such part of the property be liable to forfeiture and placed at the disposal of the Official Receiver for the payment of the moneys so owed.

Where the Court is satisfied that the property was acquired by the person applying under subsection (1) in any manner specified in that subsection, the Court shall, subject to any terms and conditions as may be specified by it, exclude it from the property forfeited to the Government under section 36.

In this section, "relation" includes, in the case of a man, his wife or reputed wife and in the case of a woman her husband or reputed husband.

Where any person has been convicted of a specified offence, and the court convicting him is a court other than the High Court, the court convicting him shall, as soon as possible after such conviction make a report to the High Court stating the particulars of the person so convicted, the offence of which he was convicted and such other particulars as may be prescribed by regulations.

The High Court on receiving the report under subsection (1) in respect of any person, of on convicting any person for a specified offence, shall publish in a newspaper circulating in Kenya and in the Gazette, a notice stating the fact of such conviction, the liability for his property to be forfeited and the right of any person referred to in section 37, 38 (1) or 39(1) or by the person in respect of whom the notice is published to apply, within such time as may be specified therein (which shall in the case of an application under section 39 (1) or 40 (1) be consistent with those provisions), for any relief to which he is entitled under section 37, 38, 39 or 40.

For the purposes of this Part, the conviction of a person for a specified offence shall be deemed to be conclusive evidence that he has committed the specified offence.

Without prejudice to the provisions of subsections (1) and (2), the Director of Public Prosecutions may apply to the Court to recover any forfeiture imposed by section 36.

Where any application is made under subsection (4), the Court shall, as soon as possible after the application is made, publish in a newspaper circulating in Kenya and in the Gazette a notice stating the fact of the application having been made and the right of any person referred to in section 37, 38 or 39 (1) or by the person in respect of whom the notice is published to apply, within such time as may be specified therein (which shall in the case of an application under section 39 (1) or 40 (1) be consistent with those provisions), for any relief to which he is entitled under section 37, 38, 39 or 40.

A notice shall be published in a newspaper circulating in Kenya and in the Gazette stating the particulars of the property placed at the disposal of the Official Receiver and the property forfeited to the Government under subsection (1).

An Order under subsection (1) so far as it relates to immovable property forfeited to the Government shall be treated for all purposes as if it were a transfer or other document effecting the transfer or other document effecting the transfer of immovable property and the Commissioner of Lands or Chief Land Registrar, as the case may be, shall take due notice thereof and shall make such annotations on the records as may be necessary.

An order under section 42(1) in respect of immovable property shall be treated for all purposes as if it were a transfer or other document effecting the transfer of immovable property and on the production of a certified copy of the order the Chief Land Registrar or the Commissioner of Lands, as the case may be, shall make such annotations on the records as may be necessary.

Every person who is in possession of any property forfeited to the Government under section 42(1) shall, on the production of a certified copy of the order, forthwith hand over possession of it to the officer specified in that behalf, by the Cabinet Secretary for the time being responsible for finance, by general or special order.

Without prejudice to the provisions of subsection (3), an order under section 42(1) may be executed as if it were an order for the delivery of possession of movable or immovable property, as the case may be.

Where the conviction of any person for a specified offence is set aside by a court hearing any appeal against the conviction, that person may apply to the Court to restore to him the property so forfeited.

The Court to which any application is made under subsection (1), may, after giving notice to the Director of Public Prosecutions and after hearing the applicant and the Director of Public Prosecutions and receiving and considering any evidence that it considers necessary for a proper decision, in the matter, make such order as it thinks proper and just.

The Government of Kenya may enter into an arrangement on a reciprocal basis with the Government of any other country in respect of the recovery, and handing over of possession to the Government of that country of any property in Kenya which is confiscated by or forfeited to the Government of that country in consequence of the commission by any person of an offence against a corresponding law of that country or for tracing and preserving any property in Kenya owned by or under the control of any person who has or is suspected to have, committed an offence against such corresponding law.

Where an arrangement referred to in subsection (1) has been entered into between the Government of Kenya and the Government of any other country, the Cabinet Secretary may, by order, give effect to that arrangement and prescribe the procedure in relation to the recovery and handing over of possession to the Government of that country, or tracing and preserving, of any property to which the arrangement applies.

An order made under subsection (2) shall be laid before the National Assembly without unreasonable delay, and if a resolution is passed by the Assembly within twenty days on which is next sits after the order is so laid that the order be annulled, it shall henceforth be void, but without prejudice to the validity of anything previously done thereunder, or to the issuing of a new order.

Proceedings under this Part shall be deemed to be civil proceedings.

Subject to this Part, the practice and procedure of the Court or any other court in regard to any matter referred to in this Part shall be governed by regulations made by the Attorney-General and, subject to any such regulations by rules of court.

The Cabinet Secretary shall establish a special fund to be known as the Rehabilitation Fund.

For the purposes of this section "loan funds" means such sums as may be made available from time to time by the Government by way of loan.

Where by an order under subsection (2) (b) any immovable property is assigned to the Fund, the Cabinet Secretary shall deal with the property in such manner as he thinks fit and may sell the property and use the proceeds of sale for the purposes for which the Fund is established.

The Fund shall be used for meeting the capital and current expenditure relating to the Centres.

Subject to this Part, the Fund shall be administered by a Board consisting of the Principal Secretary to the National Treasury and two other persons appointed by the Cabinet Secretary responsible for finance in consultation with the Cabinet Secretary, of whom one shall be appointed as the Chairperson.

The Board may, with the approval of the Cabinet Secretary for the time being responsible for finance, invest or place on a deposit account any of the moneys of the Fund and any interest earned on moneys so invested or deposited shall be placed to the credit of the Fund.

The Cabinet Secretary shall appoint a council to be known as the Advisory Council for the Rehabilitation of Narcotic Addicts consisting of a Chairperson and such number of other persons, not exceeding fifteen, as the Cabinet Secretary thinks fit, from among persons who are qualified and have had experience of, and shown capacity in, matters relating to the care, treatment and rehabilitation of persons addicted to narcotic drugs or psychotropic substances or, in administration or finance.

The terms and conditions of appointment of the Chairperson and other members of the Council shall be such as shall be prescribed by the Cabinet Secretary by regulations.

A court convicting any person for an offence under this Act may, if the court is satisfied that he is addicted to a narcotic drug or psychotropic substance and that he is in possession of the narcotic drug or psychotropic substance only for his personal consumption order that such part, as it thinks fit, of the period of imprisonment imposed on him be spent in a Centre specified by the court.

The court may, on the application of the Director of Public Prosecutions or the person convicted or otherwise, vary or revoke the order.

Where on the report of the officer in charge of the Centre to which a convicted person is continued under subsection (1), or otherwise, the court which committed him to the Centre is satisfied that the convicted person has successfully undergone the treatment and rehabilitation programme of the Centre and that he is no longer an addict the court may having regard to all the circumstances of the case, grant remission of the whole or part of the remaining period of imprisonment imposed on him.

Requests by other countries to Kenya for assistance of a kind specified in subsection (1) may be made to the Director of Public Prosecutions.

The Director of Public Prosecutions, may request for information, evidence and particulars, where any person, including a foreign government, state or organization or entity alleges or has information that any person in Kenya has committed an offence under this Act, and shall upon receiving such information, evidence and particulars carry out the same in accordance with the law.

The effect of a request under paragraph (c) of section 59 shall be to authorize the entry into and departure from Kenya of the person who is the subject of the request, as well as the presence of the person in Kenya for so long as required for the purposes of the request.

Where the person who is the subject of a request under paragraph (c) of Section 59 is in custody in the other country by virtue of a sentence or order of a court or tribunal exercising criminal jurisdiction, the effect of a request under that paragraph shall be to authorize the detention in custody of the person, in transit to and from Kenya, and while in Kenya at such places as the Director of Public Prosecutions may specify.

Where another country requests assistance from Kenya in obtaining evidence for the purpose of an investigion or a proceeding in relation to an offence under corresponding law of that country, the Attorney-General may nominate a court in Kenya to receive such evidence as appears to the court appropriate in order to give effect to the request.

The court nominated pursuant to subsection (1) shall have the same power to secure the attendance of witnesses administer oaths and receive evidence as it has for the purposes of other proceedings before the court.

The evidence received by the court shall be certified or verified by the court in such manner as the Attorney-General specifies and then furnished to the Attorney-General for transmission to the requesting country.

Where another country requests assistance from Kenya in obtaining and executing a search and seizure warrant for the purposes of an investigation or proceedings relating to the corresponding law of that country, the Director of Public Prosecutions may apply to the court for the warrant requested.

The laws of Kenya with respect to the procedure for the making and disposal of an application for and execution of a search warrant shall apply, as if the application were for the issue of a warrant under the Criminal Procedure Code (Cap. 75).

Where the Director of Public Prosecutions applies to the High Court for registration of an order under subsection (1) the High Court shall register the order.

An order registered in accordance with this section has effect and may be enforced, as if it were an order made under section 26 or 42, as the case may be.

The Cabinet Secretary, in consultation with the Cabinet Secretary for the time being responsible for matters relating to health, may from time to time by notice in the Gazette designate any duly qualified analyst whose qualification shall be prescribed by the Cabinet Secretary for the purposes of the Act.

In any prosecution or other proceedings under this Act a certificate signed or purported to he signed by an analyst, designated under subsection (1), stating that he has analyzed or examined any substance and the result of his analysis or examination, shall be admissible in evidence and shall be prima facie evidence of the statements contained in the certificate and of the authority of the person giving or making the same, without any proof of appointment or designation or signature.

A police officer may take one or more copies of any document produced before him, or to which he is allowed to have access, under this section.

Where the documents or other material in respect of which a request to produce or to be allowed access is made under subsection (1)(b), consists of information contained in a computer, the request shall have effect as a request to produce the material in a form in which it can be taken away or, as the case may be, as a request to give access to the material in a form in which it is visible and legible.

Any item held with the intention of furthering a criminal purpose is not an item subject to legal privilege.

Any police officer, or any other person authorized in writing by the Inspector General of Police for the purposes of this section who has reasonable cause to suspect that any motor vehicle, aircraft, ship, carriage or other conveyance was, or is being made use of in the commission of any office under this Act may stop and enter and search the motor vehicle, aircraft, ship, carriage or other conveyance and may for that purpose break open any door and remove any other impediment or obstruction to such entry.

A police officer or authorized person referred to in subsection (1) or (2) may use such assistance and such force as may be reasonable for carrying out his functions under those subsections.

A police officer authorized by any warrant under subsection (1) to search any premises or other place may enter and search such promises or other place (including any receptacle found therein) and every person found therein or who the police officer has reasonable ground to believe, has recently left those premises or that other place, and for that purpose may use such assistance and such force as may be reasonable and may break open any lock, and may seize any narcotic drug or psychotropic substance, or document or other material referred to in subsection (1), found therein or on any such person, and any other article or thing which has reasonable ground to believe to be evidence of the commission or intended commission of any offence under this Act.

A police officer authorized by any warrant under subsection (3) to search any person, animal, thing, receptacles premises or other place may search the person, animal, thing or receptacle or may enter and search any building or other place, and for that purpose may use such assistance and such force as may be reasonable, and may break open any lock, and seize any movable property, referred to in subsection (3) found thereon or therein.

Where any police officer not below such rank as may be specified by regulations is, for reasons to be recorded in writing, satisfied that the delay caused by the time required to apply for and obtain a warrant to enter and search under subsection (1) or (3) would defeat the purpose of the search he may exercise the powers conferred on him by subsection (2) or (4) in relation to search and seizure without obtaining any warrant for search under subsection (1) or (3).

After analysis and identification of the sample or samples taken under subsection (1), the same shall be returned to the authorized officers together with the designated analyst's certificate for production at the trial of the accused person.

Upon receipt of the designated analyst's certificate and the samples analysed in accordance with the foregoing subsections the authorized officers shall, where the drug is found to be narcotic drug or psychotropic substance within the meaning of this Act, arrange with a magistrate for the immediate destruction by such means as shall be deemed to be appropriate of the whole amount seized (less the sample or samples taken for analysis and production as evidence at any subsequent trial, or any contemplated trial particularly where the accused person's identity is not yet known or the accused person is outside the jurisdiction of Kenya at the time of taking such samples).

The destruction of drugs and psychotropic substances ordered under subsection (3) shall be carried out by the authorised officers in the presence of the magistrate and the accused person where practicable and his advocate (if any) and thereafter the magistrate shall sign a certificate in the prescribed form relating to such destruction.

The production in court by either one of the authorised officers at the trial of an accused person of the sample or samples together with the designated analyst's certificate and the magistrate's certificate of destruction shall be conclusive proof as to the nature and quantity of the narcotic drug or psychotropic substance concerned and of the fact of its destruction in accordance with the provisions of this section.

The provisions of this section shall apply to all proceedings commenced on or after the 7th June, 2002.

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.

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.

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.

Notwithstanding the provisions of section 74A or any other provision of this Act in relation to the seizure of any narcotic drug or psychotropic substance, anything seized or condemned under this Act shall be disposed of in such manner as may be prescribed by regulations.

Any police officer may arrest without warrant any person who has committed or has attempted to commit or is reasonably suspected by such police officer of having committed or attempted to commit or being about to commit an offence against this Act.

The provisions of subsection (1) shall be in addition to, and not in derogation of, the provisions of any other written law.

Subject to subsection (2), a police officer above the rank of Chief Inspector of Police may, for the purpose of obtaining evidence of the commission of an offence under this Act, apply ex parte, to the High Court for an interception of communications order.

A police officer shall not make an application under subsection (1) unless he has applied for and obtained the written consent of the Director of Public Prosecutions.

A police officer who intercepts communication other than is provided for under this section commits an offence and shall on conviction be liable to imprisonment for a term not exceeding ten years or to a fine of not less than ten million shillings or to both.

A person who conceals or fails to disclose information that is relevant in the investigation or prosecution of another person for an offence committed under this Act, commits an offence.

A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than one million or imprisonment of a term of not less than five years, or both.

No civil or criminal proceedings shall lie against any person for disclosing any information, in good faith, under subsection (1).

The Cabinet Secretary may charge such fees as may be prescribed by regulations for an application for any licence, certificate or authorization or renewal thereof or for the grant of any licence, certificate or authorization or renewal thereof, under this Act.

Any person or class of persons who is or are undergoing a treatment and rehabilitation programme at a Rehabilitation Centre established under section 52 or is under the care of any such Centre, otherwise than in consequence of an order of a court under section 58, may be required to pay such fees as maybe prescribed by regulations by the Cabinet Secretary responsible for health and different fees may be prescribed for different classes of persons having regard to their income or property or both.

The Cabinet Secretary may make regulations generally for carrying out the purposes of this Act.

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.

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.

Regulations made under section 84 may provide that any person contravening any provision thereof, other than a provision for which a specific penalty is provided, shall be liable to a fine not less than five million shillings and imprisonment for a term of not less than five years.

Every person guilty of the contravention of any regulation, not being a regulation made under section 4(4), for which no penalty is expressly provided shall be liable to a fine of not less than two million shillings and imprisonment for a term of not less than three years and in the case of a continuing offence to a further penalty of one hundred thousand shillings for each day during which the offence continues.

Where in any prosecution under this Act any fine is to be determined by the market value of any narcotic drug, psychotropic substance or prohibited plant, a certificate under the hand of the proper officer of the market value of such narcotic drug or psychotropic substance shall be accepted by the court as prima facie evidence of the value thereof.

In this section "proper officer" means the officer authorized by the Cabinet Secretary by notification in the Gazette for the purposes of this section.