1
Rev. 1990] Imports, Exports and Essential Supplies Cap. 502
(Repealed by Act No 17 of 2006)
The Imports, Exports and Essential Supplies Act
Chapter 502
1-Short title.
2-Interpretation.
3-Appointment of Director, Deputy Director and Assistant Directors of trade and supplies.
4-Power to prohibit or restrict exportation or importation of goods.
5-Penalty for exportation or importation of goods contrary to order.
6-Director's power to issue and cancel licences.
7-Particulars to be specified in licences.
8-Names contained in licences to be specified in all documents relating to exported goods.
9-Declaration as to ultimate destination of goods exported.
10-Power to control supplies of essential goods.
11-Power to require returns.
12-Commencement and publication of orders.
13-False statements, etc.
14-Power to enter and search premises under warrant
15-Powers of entry and seizure.
16-Power to search vehicles.
17-Procedure on seizure of goods.
18-Retention and disposal of seized goods.
19-Obstruction of officers.
20-General penalties.
21-Offences committed by company, firm or other association.
22-Legal proceedings and protection of officers.
23-Minister to consult other ministers in certain circumstances.
24-Regulations.
CHAPTER 502
IMPORTS, EXPORTS AND ESSENTIAL SUPPLIESACT
Commencement Date: 1958-12-09
An Act of Parliament to make provision for the control of the importation and exportation of goods of any description and of supplies essential to the life or well-being of the community; and for connected purposes
PART I-PRELIMINARY
Short title
1. This Act may be cited as the Imports, Exports and Essential Supplies Act.
Interpretation.
2. In this Act, unless the context otherwise requires -
"assistant director" means a person for the time being appointed as an assistant director of trade and supplies under section 3;
"Deputy Director" means the person for the time being appointed as Deputy Director of Trade and Supplies under section 3;
"Director" means the person for the time being appointed as Director of Trade and Supplies under section 3;
"export licence" means an export licence issued under section 6;
"goods" includes all kinds of articles, wares, merchandise and livestock;
"import licence" means an import licence issued under section 6.
Appointment of Director, Deputy Director and assistant directors of trade and supplies. L.N.303/1964.
3. (1) There may be appointed a Director of Trade and Supplies and a Deputy Director of Trade and Supplies, and so many assistant directors of trade and supplies as may be deemed necessary, either for Kenya as a whole or for any specified area of Kenya.
(2) The Director may, with the approval of the Minister delegate in writing all or any of his powers, duties or functions under this Act, either generally or in any area in Kenya, or for such periods or purposes as he may specify, to the Deputy Director or to any assistant director, and may at any time revoke or vary any such delegation:
Provided that no such delegation shall be deemed to divest the Director of all or any of his powers or duties or functions, and he may, if he thinks fit, exercise such powers, duties or functions notwithstanding the fact that he has so delegated them.
PART II-CONTROL OF EXPORTS AND IMPORTS
Power to prohibit or restrict exportation or importation of goods. 11 of 1970, Sch., 13 of 1980, Sch.
Cap. 472.
4. (1) Whenever from time to time it appears to the Minister, after consultation with such persons as appear to the Minister to represent commercial and industrial interests in Kenya, to be necessary in the public interest, or for the observance or performance by the Government of any of its obligations in respect of external affairs, so to do, he may by order either prohibit absolutely or restrict, by means of such conditions and limitations as may be specified in the order the exportation or importation of all or any specified goods or class or description of goods, either generally or to or from any specified country or place or to or from any specified person or class of persons:
Provided that the Minister may dispense with such consultation as aforesaid in any case which appears to him to be too urgent to permit of such consultation.
(2) Any order made under this section may be varied or revoked by a subsequent order.
(3) The Minister shall not delegate to any person the powers conferred upon him by this section.
(4) The provisions of subsection (2) of section 15 of the Customs and Excise Act relating to prohibition shall not apply to any goods the importation of which is restricted by an order made under this section which are imported into Kenya in a manner that is not contrary to any law relating to customs and in respect of which an import licence is granted whilst such goods are subject to customs control.
(5) This section shall not apply to drugs, poisons or other medical supplies of any description.
Penalty for exportation or importation of goods contrary to order.
10 of 1988, s. 44.
5. Where the exportation or importation of any goods or class or description of goods is prohibited or restricted, either generally or to or from any country or place or to any person or class of persons, by an order made under section 4, any person who exports or imports, or attempts to export or import, any such goods in contravention of the provisions of the order otherwise than under the authority of an export licence or of an import licence (as the case may be), or otherwise than in accordance with the extent or the conditions of such licence, if any, authorizing such export or such import, shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.
Director's power to issue and cancel licences.
6. (1) The Director may either grant or refuse to grant an export licence or an import licence, authorizing the exportation or importation of any goods the exportation or importation of which is for the time being prohibited or restricted by an order made under section 4, or may grant such a licence to such extent or upon such conditions as he may think fit, and he may likewise from time to time renew, or at any time vary or cancel, any licence already granted.
(2) The Director may impose additional or different conditions upon the variation or renewal of any export licence or import licence.
(3) No export licence or import licence issued to any person shall be transferred to any other person except with the previous written permission of the Director, and any person who attempts, or purports, to transfer any such licence to any other person without such permission shall be guilty of an offence and liable to a fine not exceeding two thousand shillings.
(4) An appeal shall lie to the Minister against any decision of the Director under this section, which appeal shall be in writing and shall be lodged with the Minister within seven days of the communication to the person concerned of the Director's decision; and the decision of the Minister shall be final.
Particulars to be specified in licences.
7. Every export licence and every import licence shall specify-
(a) the name of the person to or from whom or the place to or from which, or, as the case may require, both the name of the person to or from whom and the place to and from which, exportation or importation of the goods is subject of the licence is authorized by the licence;
(b) such of the conditions and limitations specified in the order imposing the restriction on the exportation or importation of the goods the subject of the licence as may be applicable in the case of such goods, person or place;
(c) the conditions to which the licence is subject in accordance with section 6; and
(d) such other matters as may be prescribed.
Declaration as to ultimate destination of goods exported. Cap.472.
9. (1) Whenever any consignment of goods, the exportation of which is authorized by an export licence, is entered for exportation in accordance with the Customs and Excise Act, the Director may require the exporter or any person acting on his behalf to make a declaration in writing specifying the person for whom and the country for which the goods are ultimately destined.
(2) Where any such consignment is intended to be exported otherwise than overseas, references in subsection (1) to the consignment being entered for exportation shall be construed as references to the consignment being delivered to the contractor or other person actually effecting such exportation.
(3) The Director may, by notice in writing served upon the person appearing to the Director to be the exporter of the goods, prohibit the exportation of any such consignment pending the making and delivery to him of a declaration in any case in which a declaration is required to be made under subsection (1) or (2).
(4) After the exportation of any consignment of goods, the expiration of which is authorized by an export licence the Director may, whether or not a declaration has been made or delivered under the preceding provisions of this section require the exporter to produce to him, within such period, not being less than fourteen days after the date upon which the consignment is intended to reach its ultimate destination, as the Director may specify, satisfactory evidence that the consignment has reached its ultimate destination as specified in the declaration or, as the case may be, the export licence.
(5) Any person who -
(a) refuses or neglects to make or deliver to the Director any declaration required of him under this section-
or
(b) knowingly or recklessly makes or delivers to the Director any such declaration which is false or misleading in a material particular; or
(c) exports or attempts to export any goods in contravention of a prohibition imposed by the Director under subsection (3); or
(d) refuses or neglects, except for reasons beyond his control, the onus of proof whereof shall lie on him to produce to the Director satisfactory evidence in accordance with subsection (4),
shall be guilty of an offence.
PART III - CONTROL OF ESSENTIAL SUPPLIES
Power to control supplies of essential goods 51 of 1960, s. 2, L.N.303/1964.
10. (1) The Minister, so far as it appears to him, after consultation with such persons as appear to the Minister to represent commercial and industrial interests in Kenya, to be necessary in the interests of maintaining, controlling or regulating supplies of any goods which he considers to be essential to the life or well-being of the community, or the equitable distribution of such goods, may by order -
(a) prohibit absolutely or control or regulate the manufacture treatment, acquisition, keeping, storage, movement, transport, distribution, sale, purchase, disposal ,use and consumption of such goods;
(b) require any person in possession of any such goods to sell them to a specified person or class of persons, at a specified price not being less than the price at which similar goods are normally sold;
(c) provide for any incidental and supplementary matters for which the Minister thinks it expedient for the purposes of the order to provide;
(d) empower the Director, the Deputy Director and all assistant directors, or any of those persons, subject to such limitations (if any) as may be specified in the order, to issue such directions as may seem to them or any of them necessary in the interests of maintaining, controlling or regulating supplies of any goods which the Minister considers to be essential to the life or well-being of the community, or the equitable distribution of such goods, for all or any of the purposes referred to in the foregoing paragraphs :
Provided that the Minister -
(i) may dispense with such consultation in any case which appears to him to be too urgent to permit of such;
(ii) shall not act under paragraph (d) unless he is satisfied that the circumstances render it impossible for him to exercise the necessary control by means of the powers conferred by paragraphs (a), (b) and (c).
(2) Any order made under this section may prohibit the doing of anything thereby forbidden except under the authority of a licence or permit granted, on payment of fees or otherwise, or may require the doing of anything thereby ordered by such authority or person as may be specified in such order and may be made so as to apply either generally or to any particular goods or class or description of goods and so as to have effect either throughout Kenya or in any particular area thereof, and different orders may be made for different goods purposes or circumstances.
(3) Any order made under this section may be varied or revoked by a subsequent order.
(4) All orders made under this section shall be laid before the National Assembly as soon as may be after they are made and, if a resolution is passed within the next twenty days on which the National Assembly sits next after any such order is laid before it that the order be annulled, it shall thenceforth be void, but without prejudice to the validity of anything done thereunder, or to the making of any new order.
(5) Subject to the provisions of paragraph (d) of subsection (1), the Minister shall not delegate to any person the powers conferred upon him by this section.
(6) Any person who contravenes the provisions of an order made under this section otherwise than under the authority of a licence or permit, or otherwise than in accordance with the extent or the conditions of such licence or permit, if any shall be guilty of an offence.
PART IV - GENERAL
Power to require returns.
11. (1) Whenever it appears to the Minister, after consultation with such persons as appear to the Minister to represent commercial and industrial interests in Kenya, necessary so to do for the better carrying out of the provisions of this Act, he may -
(a) by notice published in the Gazette, require any person or class of persons carrying on any trade or business, or any specified trade or business, to complete and return, periodically or otherwise, to such person as may be specified in the notice, and within such time and with respect to such date or dates or such period or periods as may be so specified, such forms and returns relating to the trade or business, including the goods stocked, required or produced therein or thereby, as shall be specified in the notice;
(b) serve upon any person whom the Minister has reason to believe may be carrying on any trade or business notices requiring him to complete and return to such person as may be specified in the notices, and within such time and with respect to such date or dates or such period or periods as may be so specified, the like forms and returns:
Provided that nothing in this section shall empower the Minister to require the furnishing by any person of any information relating to any agricultural business carried on by such person.
(2) No person shall be required under subsection (1) to furnish any balance-sheet or profit and loss account, but this subsection shall not prevent the requiring of information by reason only that it is or might be contained as an item in such a balance-sheet or account.
(3) Any notice authorized to be served under paragraph (b) of subsection (1) on any person believed to be carrying on a trade or business shall be deemed to be duly served if it is addressed to him by the description of "the occupier" of the premises upon which the trade or business in question is believed to be carried on and delivered to some person, not appearing to be merely a subordinate employee, on the premises.
(4) No information relating to any particular trade or business obtained under this section shall be published or otherwise disclosed without the previous consent in writing of the person by whom the information was furnished:
Provided that nothing in this section shall restrict the disclosure of information –
(i) to any Minister responsible for, or any officer of, any department of the Government;
(ii) to any person or any authority having any functions in relation to the development or regulation of trade or business in Kenya; or
(iii) to any person for the purpose of legal proceedings,
or the use of such information in any manner which the Minister thinks necessary or expedient in connexion with the objects of this Act.
(5) Any person who fails to furnish information in compliance with a requirement under this section shall be guilty of an offence.
(6) If any person -
(a) in purported compliance with a requirement imposed under this section knowingly or recklessly furnishes any information which is false or misleading in any material particular; or
(b) publishes or otherwise discloses any information in contravention of the provisions of subsection (4),
he shall be guilty of an offence.
Commencement and publication of orders.
12. Every order made under this Act shall come into operation on the day on which the same is made unless another date is therein specified, and every such order shall be published in the Gazette as soon as circumstances permit after the making thereof.
False statements, etc
13. Any person who for any of the purposes of this Act -
(a)knowingly or recklessly makes or presents any statement or declaration, orally or in writing, which is false or misleading in any material particular; or
(b) produces to the Minister, the Director, the Deputy Director, an assistant director or any officer concerned with any of the purposes of this Act any document which is false or misleading in any material particular or was not made or given by the person by whom it purports to have been made or given, or which has been in any way altered or tampered with,
shall, without prejudice to any penalty or liability imposed by any other law in force or the taking of proceeding for or in respect of any such penalty or liability, be guilty of an offence:
Provided that a person producing such a document as aforesaid shall not be guilty of an offence if he proves that he was unaware, and could not by the taking of reasonable steps have become aware, that the document was false or misleading as aforesaid.
Power to enter and search premises under warrant.
14. If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence has been committed under this Act and that evidence of the commission of the offence is to be found on any premises specified in the information, he may grant a search warrant authorizing any police officer to enter the premises at any time within one month from the date of the warrant and to search the premises and to seize any goods found on the premises which the person so authorized has reasonable ground for believing to be evidence of the commission of such offence as aforesaid.
Powers of entry and seizure.
15. The Director or the Deputy Director or an assistant director, or any police officer of or above the rank of Inspector, if he has reasonable cause to believe that any offence under this Act is being committed on any premises, or if he has reasonable cause to believe that any goods, in respect of which there is reasonable ground for suspecting that such an offence has been committed, are in or upon any premises and that the delay which would occur in obtaining a search warrant as provided in section 14 would, or would tend to, defeat the purposes of this Act, he may enter and search such premises without a search warrant for the purpose of ascertaining if such an offence is being committed or whether or not such goods are in or upon such premises, and may inspect such goods and any documents relating to them. and may seize any such goods or documents on such premises which the person so searching or inspecting has reasonable cause to believe to be evidence of the commission of such an offence.