Stock and Produce Theft Act

X 10443, NAICk
SGN....................................
DATE..............................
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LAWS OF A
The Stick and Produce Theft Act
CHAPTER a 55
Revised Edition 1982 0963)
PrintsPrintei and Published by the Govereramet Primer
Nairobi

2 CAP. 355 Stock and Produce Theft [Rev. 1982
CHAPTER 355
THE STOCK AND PRODUCE THEFT ACT
ARRANGEMENT OF SECTIONS
Section
Short title.
2- -Interpretation.
3 —Warrant for levy of fine by distress.
4--Effect of warrant.
5'l---:Prelimiitaries before endorsing warrant.
6—Rewards.
7-0ffender residing with tribe other than his own .
8—Illegal possession of produce .
9—Illegal possession of stock.
10—Inquiry by magistrate where stock theft apprehended.
11—Order of magistrate.
12—Failure to comply with order.
13—Certain provisions of Cap. 75 to apply.
14—Power to seize stock following theft.
1 5—(Repealed)
16—Prohibition of sale of stock or produce in proclaimed district
at night.
17—Offences cognizable.

wer to seize stock following theft.
1 5—(Repealed)
16—Prohibition of sale of stock or produce in proclaimed district
at night.
17—Offences cognizable.

t to provide for the recovery of fines
theft of stock or produce and to make
account for the possession of stock or
cases
y be cited as the Stock and Produce Short title
k and Produce Theft CAP. 355 3Rev. 1982] Sto
CHAPTER 355
ND PRODUCE THEFT ACT
Commencement: 5th May 1933
the meaning assigned to it by the Penal
ict" means any area declared as such
ice in the Gazette;
s agricultural produce and includes
ter or exchange;
e male, female or young of any animal
278 of the Penal Code, and includes
ncludes the meat, hide or skin or any
1 or bird;
ny offence punishable under Division
and an attempt to commit any such
ny person is sentenced to pay a fine on
tock or produce, or of an offence under
ssing sentence may, unless the fine is
limited by the court for payment,
levy of the fine by distress and sale of
nder. ses of subsection (1), "fine" includes
arrant has been issued under section 3
property of the offender is found to
incial Commissioner may endorse the
t as he may deem fit for execution
or members of the offender's family;
THE STOCK
An Act of Parliame
imposed for the
persons liable to
produce in certai
1. This Act m
Theft Act. 2.

tion
or members of the offender's family;
THE STOCK
An Act of Parliame
imposed for the
persons liable to
produce in certai
1. This Act m
Theft Act. 2.

In this Act—
"possession" has
Code;
"proclaimed dist
by the Minister, by no
"produce" mea
ostrich feathers;
"sell" includes ba
"stock" means t
mentioned in section
poultry; and further
part of any such anim
"theft" includes
V of the Penal Cod
offence. 3. (1) Whenever
conviction of theft of
this Act, the court p
paid within the tim
issue a warrant for th
any property of the off
(2) For the purp
compensation and cost
4. Whenever a
and no or insufficient
satisfy the fine, a Pro
warrant to such exte
against the property—
(a) of any membe
Cap. 206 (1948),
4 of 1959,
28 of 1961,
43 of 1962,
1-1s1. 649/ 1963,
21 of 1966. Interpretation. 4 of 1959, s. 2,
28 of 1961, Sch.,
21 of 1966, 1st
Sch. Cap. 63. Warrant for
levy of fine
by distress. 43 of 1962, s: -2;
21 of 1966; 1
Sch. Effect of
warrant. 43 of 1962, s. 3

1, Sch.,
21 of 1966, 1st
Sch. Cap. 63. Warrant for
levy of fine
by distress. 43 of 1962, s: -2;
21 of 1966; 1
Sch. Effect of
warrant. 43 of 1962, s. 3

4 CAP. 355 Stock and Produce Theft [Rev. 1982
Preliminaries
before
endorsing
warrant. Rewards. 43 of 1962, s. 3. Offender
residing with
tribe other
than his own. possession
of produce. 43 of 1962, s. 6,
21 of 1966, 1st
Sch. (b) of any inhabitant or inhabitants of the village or place
in which any stolen stock or produce has been found;
(c) of any member or members of the sub-tribe to which
the offender belongs;
(d) of any member or members of the tribe to which the
offender belongs,
and a warrant so endorsed shall be executed in accordance
with the endorsement thereon. 5. A Provincial Commissioner shall, before endorsing a
warrant, satisfy himself that the circumstances of or in con-
nexion with the offence of which the offender has been
convicted are such as to justify the levying of the fine or the
balance of the fine, as the case may be, by the distress and
sale of the property of the persons against whom the warrant
is issued by the court; and may call upon the head of the
family or the headman of the village, sub-tribe or tribe, as
the case may be, to show cause why the warrant should not
be endorsed or may hold such other inquiry as he may think
proper. 6.

sub-tribe or tribe, as
the case may be, to show cause why the warrant should not
be endorsed or may hold such other inquiry as he may think
proper. 6.

A court may award to any person or persons giving
information which has led to a conviction under this
Act any sum or sums not exceeding altogether one thousand
shillings :
Provided that any such sum or sums shall not exceed one-
half of the fine paid. 7. Where an African (including a Somali) ordinarily
and voluntarily resides within a village of any sub-tribe or
tribe of different origin, he shall be deemed to be a member
of that sub-tribe or tribe for the purposes of this Act. 8. (1) Any person who has in his possession produce
which may reasonably be suspected of being stolen or un-
lawfully obtained shall, if he fails to prove to the satisfaction
of the court that he came by the produce lawfully, be guilty
of an offence and liable on conviction to the penalties pre-
scribed for theft. (2) For the purposes of this section it shall be sufficient,
in order to raise a reasonable suspicion that any produce is
stolen or unlawfully obtained, if, when required by the person
who arrests him to account for his possession of the produce,
the person arrested fails to account therefor or gives an
account which the person who arrests him reasonably finds
insufficient.

sion of the produce,
the person arrested fails to account therefor or gives an
account which the person who arrests him reasonably finds
insufficient.

k and Produce Theft CAP. 355 5
(3) If any perso
section by a subordin
award any penalty pr
9. (1) Any pers •
which may reasonab
lawfully obtained sha
of the court that he
an offence and liable
for theft. (2) For the purp
in order to raise a rea
or unlawfully obtain
arrests him to accou
person arrested fails
which the person who
(3) If any perso
section by a subordi
may award any pena
10. (1) If a mag
nate court of the first
hers of any tribe or s
in any area, are likely
may lead to bloodsh
teed to inquire into t
(2) An inquiry
ducted in the same
under the law relatin
(3) When condu
the magistrate shall
but may receive any
relevant. 11. (1) If, after
magistrate is satisfied
or any persons residi
or have acted in a m
to the theft of stock,
of that tribe or sub-t
cerned, to execute a
good behaviour or fo
during such period
specify. is convicted of an offence under this
to court of the first class, that court may
scribed therefor.

a
good behaviour or fo
during such period
specify. is convicted of an offence under this
to court of the first class, that court may
scribed therefor.

n who has in his possession any stock
y be suspected of being stolen or un-
1, if he fails to prove to the satisfaction
ame by the stock lawfully, be guilty of
i n conviction to the penalties prescribed
ses of this section it shall be sufficient,
onable suspicion that the stock is stolen
, if, when required by the person who
t for his possession of the stock, the
o account therefor or gives an account
arrests him reasonably finds insufficient. is convicted of an offence under this
ate court of the first class, that court
ty prescribed therefor. strate having power to hold a subordi-
class is informed on oath that the mem-
b-tribe, or any persons residing or being
to act or have acted in a manner which
• or to the theft of stock, he shall pro-
e truth of the information. eld under subsection (1) shall be con-
anner, as far as may be, as an inquiry
to criminal procedure.

stock, he shall pro-
e truth of the information. eld under subsection (1) shall be con-
anner, as far as may be, as an inquiry
to criminal procedure.

ting an inquiry under subsection (1)
ot be bound by the rules of evidence
evidence which appears to him to be
n inquiry held under section 10, the
hat any members of a tribe or sub-tribe,
g or being in an area, are likely to act
nner which may lead to bloodshed or
e may order all or any of the members
ibe, or all or any of the persons con-
ond, with or without sureties, for their
keeping the peace, as the case may be,
ot exceeding three years as he may
•
#
8
Illegal
possession
of stock. 43 of 1962, s. 6,
21 of 1966, 1st
Sch. by
magistrate
where stock
theft
apprehended. 43 of 1962, S. 7. Order of
magistrate. 43 of 1962, s. 7. Rev. 19821 Sto

1962, s. 6,
21 of 1966, 1st
Sch. by
magistrate
where stock
theft
apprehended. 43 of 1962, S. 7. Order of
magistrate. 43 of 1962, s. 7. Rev. 19821 Sto

Certain
provisions of
Cap. 75 to
apply. 43 of 1962, s. 7. Power to
seize stock
following
theft. 43 of 1962, s. 7. CAP. 355 Stock and Produce Theft [Rev. 1982
Failure to ,
comply with
order. 43 of 1962, s. 7. (2) The principal members of the tribe or sub-tribe, or
of the persons concerned, from which it is proposed to require
a bond under this section shall be given an opportunity of
showing cause why a bond should not be required. 12. (1) If a magistrate having power to hold a subordi-
nate court of the first class is informed on oath that any
member of any tribe or sub-tribe, or any person residing or
being in any area, who has executed a bond under section 11
has, during the continuance in force of that bond—
(a) acted in such a manner as to have caused or to have
been likely to cause bloodshed; or
(b)stolen stock,
he shall inquire into the information in such manner as he
may think fit, giving, if practicable, representatives of the tribe
or sub-tribe, or of the persons concerned, an opportunity of
being heard, and if he is satisfied of the truth of the informa-
tion he shall order that the bond he forfeited.

persons concerned, an opportunity of
being heard, and if he is satisfied of the truth of the informa-
tion he shall order that the bond he forfeited.

(2) A magistrate who orders a bond to be forfeited under
this section may direct that so much of the amount of the
bond as he specifies shall be paid to such person or persons
or to such local authority as he shall name; and the balance
of the amount or, in default of any such direction, the whole
amount, shall be paid into the Consolidated Fund. 13. The provisions of sections 55, 56, 57, 58, 59, 60 and
61 of the Criminal Procedure Code shall apply, rnutatis
mutandis, to any person ordered to give security by virtue of
section 11 of this Act and to any surety or bond. 14.

ocedure Code shall apply, rnutatis
mutandis, to any person ordered to give security by virtue of
section 11 of this Act and to any surety or bond. 14.

(1) If any magistrate is informed on oath that any
stock which has been stolen have been taken to a place in a
proclaimed district, and that it is necessary or expedient that
a warrant should issue under this section in order to effect
the discovery, identification or recovery of the stock, he may
by warrant under his hand authorize a police officer or an
administration police officer to seize and impound, or to cause
to be seized or impounded, all stock, or such number of stock
not exceeding such number as may be specified in the warrant,
found in that place of the same or a similar description to
that of the stock stolen, and to retain the stock so seized and
impounded for such period as shall be specified in the warrant :
Provided that a warrant issued under this section shall
not authorize the retention of stock for longer than--
(i) twenty-one days; or

n the warrant :
Provided that a warrant issued under this section shall
not authorize the retention of stock for longer than--
(i) twenty-one days; or

Rev. 1982] Stoc and Produce Theft CAP. 355 7
(ii) if, before the
has been char
with receiving
being accesso
or retaining,
the trial of t
of any appeal
imposed as a
made on appe
whichever is the longer. (2) Any stock sei
period of the seizure,
to a place of safety, but
police officer or the ad
for the seizure conside
further from the place
custody of the stock, a
precautions to prevent
stock. 15. (Repealed by 2
16. (1) No person
produce in a proclaime
and any person so doi
delivery of any stock or
of this section shall be
not exceeding one hun
term not exceeding si
imprisonment. (2) Subsection (1)
of agricultural land wit
or lease from the Gover
may be, or to his duly
or produce raised on th
17. All offences
the police.

nment. (2) Subsection (1)
of agricultural land wit
or lease from the Gover
may be, or to his duly
or produce raised on th
17. All offences
the police.

xpiry of twenty-one days, a person
ed with the theft of any such stock or
or retaining any of such stock or of
after the fact to the theft, receiving
ourteen days after the conclusion of
at person or after the determination
gainst any order or sentence made or
esult of the trial or against any order
I (whichever is the later),
ed under this section may, for the
e removed from the place of seizure
shall not, unless for special reason the
inistration police officer responsible
s it necessary so to do, be removed
f seizure than is necessary for the safe
d the officer shall take all reasonable
any unnecessary movement of the
of 1966, 1st Sch.)
shall sell or deliver any stock or
district between sunset and sunrise,
g and any person buying or taking
roduce which is sold in contravention
uilty of an offence and liable to a fine
red shillings or to imprisonment for a
months, or to both such fine and
hall not apply to the registered holder
in the proclaimed district under grant
ment, or a county council, as the case
authorized agent, in respect of stock
t land or to the purchaser thereof.

n the proclaimed district under grant
ment, or a county council, as the case
authorized agent, in respect of stock
t land or to the purchaser thereof.

der this Act shall be cognizable to
Prohibition of
sale of stock
or produce in
proclaimed
district at night. 21 of 1966,
1st Sch. Offences
cognizable.

(Subsidiary]
SUBSIDI Y LEGISLATION
Proclaimed Districts declar under section 2
The following areas ar declared to be proclaimed districts— L/4. 244/1962.
Rev. 1982] Stock d Produce Theft CAP. 355 9
1Nyanza Province
Rift Valley Province
Central Province
The former Northern P ovince
The former Southern P 'vince
excluding all municipalities
and townships therein.