Trading in Prohibited Goods Act

LAWS OF KENYA
THE TRADING IN PROHIBITED GOODS ACT
CAP. 519
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Trading in Prohibited Goods Act
Cap. 519
Legislation as at 31 December 2022
By Kenya Law and Laws.Africa. Share widely and freely.
www.kenyalaw.org | [email protected]
FRBR URI: /akn/ke/act/1966/5/eng@2022-12-31
There is no copyright on the legislative content of this document.
This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC-
SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format
for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build
upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following
elements:
• BY: credit must be given to the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Trading in Prohibited Goods Act (Cap. 519)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Interpretation .................................................................................................................................................................................................... 1
3. Prohibition on trading in certain goods ................................................................................................................................................. 1
4. Vicarious liability ............................................................................................................................................................................................. 2
5. Issue of search warrant ................................................................................................................................................................................ 2
6.

................................................................................................................................................. 2
6.

Search without search warrant .................................................................................................................................................................. 2
7. Disposal of goods seized .............................................................................................................................................................................. 2
8. Obstruction ........................................................................................................................................................................................................ 2
9. Burden of proof ............................................................................................................................................................................................... 2
10. Indemnity ......................................................................................................................................................................................................... 3
11.

................................................................................................................................................ 3
11.

Regulations ...................................................................................................................................................................................................... 3

.................................................................................................................................................... 3

Trading in Prohibited Goods Act (Cap. 519) Kenya
TRADING IN PROHIBITED GOODS ACT
CAP. 519
Assented to on 1 March 1966
Commenced on 8 March 1966
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to make provision for the control of trading in goods the importation of which is
prohibited or subject to licence and for matters incidental thereto and connected therewith
1. Short title
This Act may be cited as the Trading in Prohibited Goods Act. 2. Interpretation
In this Act, except where the context otherwise requires—
"goods" includes all kinds of articles, wares, merchandise and livestock;
"the Director" means the Director of Trade and Supplies appointed under the Imports, Exports and
Essential Supplies Act (Cap. 502);
"to trade" means to sell or to expose or offer for sale goods for the purpose of profit, or to transfer
possession of goods in the giving of services for profit. 3.

ns to sell or to expose or offer for sale goods for the purpose of profit, or to transfer
possession of goods in the giving of services for profit. 3.

Prohibition on trading in certain goods
(1) No person shall trade in or have in his possession for the purposes of trade any goods which are
the subject of, or are substantially of the same description as goods which are the subject of, an
Order under the East African Customs Management Act, (No. 12 of 1952) of the High Commission
prohibiting the importation thereof into Kenya, whether or not such goods were imported before
the commencement of the order:
Provided that, in the case of goods in respect of which such an Order is made after the
commencement of this Act, this subsection shall not apply until six months have elapsed after the
commencement of the order. (2) No person shall trade in or have in his possession for the purposes of trade any goods which are the
subject of an Order under the Imports, Exports and Essential Supplies Act (Cap.

ve in his possession for the purposes of trade any goods which are the
subject of an Order under the Imports, Exports and Essential Supplies Act (Cap.

502) prohibiting the
importation thereof into Kenya without an import licence, unless such goods have been imported
into Kenya under and in accordance with the provisions of an import licence issued by the Director:
Provided that, where the Director by writing under his hand certifies that no import license for
such goods has been issued during the twelve months period immediately preceding to the date
of any purported breach of this subsection, it shall be presumed by any court inquiring into such
breach that the goods in respect of which the breach is purported to have been committed were not
imported into Kenya under and in accordance with the provisions of an import license issued by the
Director. (3) Any person who contravenes this section shall be guilty of an offence and liable to imprisonment
for a term not exceeding six months or to a fine not exceeding five thousand shillings, or to both
such imprisonment and such fine, and in addition to or in lieu of any other penalty imposed the
Court convicting any person for an offence under this section shall order any goods in respect of
which such offence was committed to be forfeited and disposed of as he thinks fit. 1

an offence under this section shall order any goods in respect of
which such offence was committed to be forfeited and disposed of as he thinks fit. 1

Trading in Prohibited Goods Act (Cap. 519) Kenya
4. Vicarious liability
Where any act or thing done or omitted to be done by any agent, clerk or servant employed by the legal
owner, or the person who holds himself out to be the legal owner; of goods, which, if done by such owner
or person himself, would constitute an offence under this Act, such owner or person shall, and without
prejudice to the liability of such agent, clerk or servant, be liable for such offence as if the act or thing had
been done or omitted to be done by him. 5. Issue of search warrant
Where a magistrate is satisfied by information on oath that there are reasonable grounds for suspecting
that an offence has been or is being committed under this Act or that evidence of the commission of such
an offence is to be found on any premises specified in the information, he may issue a search warrant
authorizing any police officer to enter such premises at any time within one month from the date of such
warrant, to search such premises, and to seize any thing found thereon which the person so authorized has
reasonable grounds for believing to be evidence of the commission of such offence as aforesaid. 6.

ng found thereon which the person so authorized has
reasonable grounds for believing to be evidence of the commission of such offence as aforesaid. 6.

Search without search warrant
Any police officer of or above the rank of Inspector, if he has reasonable cause to believe that any offence
under this Act has been or is being committed on any premises, or if he has reasonable cause to believe
that evidence of the commission of such an offence is to be found upon any premises and that the delay
which would occur in obtaining a search warrant as hereinbefore provided would, or would tend to,
defeat the purposes of this Act, may enter and search such premises without a search warrant for the
purpose of ascertaining if such an offence has been or is being committed or whether or not evidence
of the commission of such an offence is in or upon such premises, and may inspect any 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:
Provided that—
(i) before exercising the powers conferred by this section the police officer concerned shall first record
in writing the grounds of his belief and such description as is available to him of the thing or things
for which search is to be made; and
(ii) the police officer shall carry with him and produce to the occupier of the premises on request by
him his certificate of appointment; and
(iii) the provisions of the Criminal Procedure Code (Cap.

roduce to the occupier of the premises on request by
him his certificate of appointment; and
(iii) the provisions of the Criminal Procedure Code (Cap.

75) as to searches shall apply to a search
without warrant under this section except where otherwise provided by this Act. 7. Disposal of goods seized
Where any goods have been seized under section 5 or section 6 of this Act, the person who has seized such
goods shall forthwith report to a magistrate the fact of such seizure and the magistrate shall make such
order as to the return, retention or disposal of such goods as he thinks fit. 8. Obstruction
Any person who obstructs or hinders any officer lawfully exercising any powers, duties or functions under
this Act shall be guilty of an offence and liable to imprisonment for a period not exceeding six months or
to a fine not exceeding five thousand shillings, or to both such imprisonment and such fine. 9. Burden of proof
In any proceedings under this Act, the onus of proving the place of origin of any goods shall lie upon
the person prosecuted or claiming anything seized under this Act; and, if in any such proceedings any
2

he place of origin of any goods shall lie upon
the person prosecuted or claiming anything seized under this Act; and, if in any such proceedings any
2

Trading in Prohibited Goods Act (Cap. 519) Kenya
question arises as to the lawfulness or otherwise of the importation of any goods, then the onus of proving
the circumstances of such importation shall lie upon such person.
10. Indemnity
Where any proceedings are brought against any officer of the Government on account of any act done,
whether by way of seizure of any goods or otherwise, in the execution or intended execution of his powers
or duties under this Act and judgment is given against such officer, then, if the court before which such
proceedings are heard is satisfied that there were reasonable grounds for such act, the plaintiff shall be
entitled to recover anything seized or the value thereof, but shall not otherwise be entitled to any damages
and no costs shall be awarded to either party.
11. Regulations
The Cabinet Secretary may make regulations for the better carrying out of the provisions of this Act.
3