The Goldsmiths and Silversmiths Act

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CHAPTER 228
THE GOLDSMITHS AND SILVERSMITHS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Business of goldsmith and silver smith not to be carried on without licence.
4. Appointment of licensing officers.
5. Application for licence to be made to licensing officer.
6. Notice of first application.
7. Provisions with regard to licences.
8. Refusal of licence.
9. Duty of licensee to have signboard outside licensed premises.
10. Keeping and production of books.
11. Production of stocks of gold and silver.
12. Licensed goldsmiths and silversmiths to deal in gold and silver only
during certain hours.
13. Power to search premises of goldsmith and silversmith.
14. Penalty for carrying on business of gold-smith and silver-smith without licence.
15. Penalties.
16. Exemption of dentists.
17. Exemption from provisions of section 14.
SCHEDULE

siness of gold-smith and silver-smith without licence.
15. Penalties.
16. Exemption of dentists.
17. Exemption from provisions of section 14.
SCHEDULE

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CHAPTER 228
THE GOLDSMITHS AND SILVERSMITHS ACT
An Act to make provision for the control of the business of goldsmiths and
silversmiths. [29th October, 1937]
Ords Nos. 25 of 1937
37 of 1953
[R.L. Cap. 228]
Act No. 33 of 1964
1. This Act may be cited as the Goldsmiths and Silversmiths
Act. 2. In this Act, unless the context otherwise requires-
“authorised officer” means the district officer, any officer of
the Mines Division of the ministry responsible for mines
and wildlife and any police officer not below the rank of
assistant superintendent;
“business of a goldsmith and silversmith” means the making
of articles containing gold or silver whether for sale or
reward or otherwise;
“goldsmith and silversmith” means any person who makes
articles or parts of articles either wholly or in part of gold
or of silver; and
“licensing officer” means the internal revenue officer for the
district. 3. A person shall not carry on the business of a goldsmith and
silversmith without a licence duly issued under the provisions
of this Act. 4.

istrict. 3. A person shall not carry on the business of a goldsmith and
silversmith without a licence duly issued under the provisions
of this Act. 4.

The President may appoint fit and proper persons to be
licensing officers for the purposes of this Act. Short title
Interpretation
Ord. No. 37 of 1953 s. 2;
Act No. 33 of 1964 s. 16
Business of
goldsmith and
silver smith not
to be carried on
without licence
Appointment of
licensing officers

7 of 1953 s. 2;
Act No. 33 of 1964 s. 16
Business of
goldsmith and
silver smith not
to be carried on
without licence
Appointment of
licensing officers

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THE GOLDSMITHS AND SILVERSMITHS ACT [CAP. 228 R.E. 2023]
5. Application for a licence to carry on the business of a
goldsmith and silversmith may be made to the licensing officer
of the district in which the applicant proposes to carry on
business. 6. A person applying for the first time for a licence under this
Act shall, thirty days at least before the application, give notice
in writing of his intended applications to the licensing officer
and shall in the notice, set forth his name and address, and the
situation of the premises in which he intends to carry on business. 7.–(1) Licences may be granted by the licensing officer of the
district in which the business premises of the goldsmith and
silversmith are situated and shall specify the name, residence
and business premises of the goldsmith and silversmith and
the language in which the books required by section 10 shall
be kept, and every such licence shall only have effect in respect
of the premises therein named.

guage in which the books required by section 10 shall
be kept, and every such licence shall only have effect in respect
of the premises therein named.

(2) Nothing in this section render it unlawful for a goldsmith
and silversmith to carry on his business at more than one place
provided that a separate licence is obtained in respect of each
such place. (3) Every licence issued under this section shall be in the
form set out in the Schedule to this Act and shall expire on the
31st day of December of the year in which it is granted. (4) Licences granted under this Act shall be issued free of
charge. (5) Nothing in this section shall be deemed to exempt
the holder of a goldsmith’s and silversmith’s licence from the
provisions of the Business Licensing Act or any law for the
time being in force relating to business licensing. 8. The licensing officer may, in his discretion, refuse to grant
a goldsmith’s and silversmith’s licence but it shall be lawful for
the President on petition by the applicant and after considering
any representations he may direct the licensing officer to grant
a licence:
Application for
licence to be
made to licensing
officer
Notice of first
application
Provisions with
regard to licences
Ord. No. 37 of 1953 s. 3
Cap. 208
Refusal of licence

ce to be
made to licensing
officer
Notice of first
application
Provisions with
regard to licences
Ord. No. 37 of 1953 s. 3
Cap. 208
Refusal of licence

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506
Provided that, if such refusal is in the case of a renewal of
a licence, the licensing officer shall, if so required, state his
reasons in writing. 9.–(1) Every holder of a licence issued under this Act shall keep in
a conspicuous position outside the licensed premises a signboard
inscribed in legible letters at least three inches high with his name
and the words “licensed goldsmith and silversmith”. (2) A person who contravenes the provisions of subsection
(1), on conviction, shall be liable to a fine not exceeding two
hundred shillings or to imprisonment for one month or to both
and on any subsequent conviction, the court may, in addition
to the aforesaid penalty, order his licence to be forfeited. 10.

for one month or to both
and on any subsequent conviction, the court may, in addition
to the aforesaid penalty, order his licence to be forfeited. 10.

Every licensed goldsmith and silversmith shall-
(a) keep a book or books in the Kiswahili or English
language in roman characters recording in respect of
every purchase, receipt, sale or disposal by him of gold,
silver or any article or matter containing gold or silver-
(i) the date of purchase, receipt, sale or disposal thereof;
(ii) the name and address of the vendor, supplier,
purchaser or recipient thereof; and
(iii) the description and weight thereof and the price
or other consideration paid or received in respect
thereof;
(b) at the close of each day’s business, draw in the book a line
in ink across the page immediately below the last entry
for the day and make an entry showing the total stock of
gold, silver and any article or matter containing gold or
silver held at the close of business on that day; and
(c) produce such books upon demand for the inspection
of any authorised officer. 11. A licensed goldsmith and silversmith shall, upon demand,
produce for the inspection of any authorised officer, his stocks
of gold and silver and all articles or matter containing gold or
silver. Duty of licensee
to have signboard
outside licensed
premises
Ord. No. 37 of 1953 s.

d and silver and all articles or matter containing gold or
silver. Duty of licensee
to have signboard
outside licensed
premises
Ord. No. 37 of 1953 s.

4
Keeping and
production of
books
Ord. No. 37 of 1953 s. 5
Production of
stocks of gold and
silver

4
Keeping and
production of
books
Ord. No. 37 of 1953 s. 5
Production of
stocks of gold and
silver

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THE GOLDSMITHS AND SILVERSMITHS ACT [CAP. 228 R.E. 2023]
12. The holder of a goldsmith’s and silversmith’s licence shall
not buy, sell, deal in, receive either as principal or agent or
melt any gold or silver or any matter containing gold or
silver intended to be used in the business of a goldsmith and
silversmith between the hours of 7 p.m. and 7 a.m., or at any
other place than on the premises specified in his licence:
Provided that, subject to the provisions of any other law,
the Commissioner of Police may, in his discretion, on the
application of licensed goldsmith or silversmith, by written
permit under his hand authorise such goldsmith or silversmith
to conduct such business during such other hours on or before
any day of festival or other special occasion and subject to such
conditions to be specified in such permit as the Commissioner
of Police deems fit where it appears to him that it is in the
public interest to permit such extension. 13.

ecified in such permit as the Commissioner
of Police deems fit where it appears to him that it is in the
public interest to permit such extension. 13.

An authorised officer who has reason to believe that a breach
of the provisions of this Act is being or has been committed
may without a warrant, at any time, search the premises or
residence of any goldsmith and silversmith for the purpose of
ascertaining what gold, silver or other matter containing gold
or silver there is therein. 14. A person carrying on the business of a goldsmith and
silversmith without a licence, commits an offence and on
conviction shall be liable to a fine not exceeding one thousand
shillings or to imprisonment for six months or to both. 15. A licensed goldsmith and silversmith who contravenes or
fails to comply with any provisions of this Act for which no
penalty is specifically provided and any person who obstructs
any authorised officer in the lawful exercise of his powers on
conviction, shall be liable to a fine not exceeding two thousand
shillings or to imprisonment for one year or, to both and, in
the case of a licensed goldsmith and silversmith, the court may
in addition to the aforesaid penalty, order his licence to be
forfeited. Licensed
goldsmiths and
silversmiths to
deal in gold and
silver only during
certain hours
Ord. No. 37 of 1953 s.

y, order his licence to be
forfeited. Licensed
goldsmiths and
silversmiths to
deal in gold and
silver only during
certain hours
Ord. No. 37 of 1953 s.

6
Power to search
premises of
goldsmith and
silversmith
Ord. No. 37 of 1953 s. 7
Penalty for
carrying on
business of gold-
smith and silver-
smith without
licence
Penalties
Ord. No. 37 of 1953 s. 8

versmith
Ord. No. 37 of 1953 s. 7
Penalty for
carrying on
business of gold-
smith and silver-
smith without
licence
Penalties
Ord. No. 37 of 1953 s. 8

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508
16. This Act shall not be deemed to apply to the use of any
gold or silver used bona fide in the course of his profession by
any person who is registered or licensed as a dentist under the
Medical, Dental and Allied Health Professionals Act. 17. Notwithstanding the provisions of this Act, it shall be
lawful for the officer to authorise, by writing under his hand,
any silver worker to carry on the business of making silver
articles without a goldsmith’s and silversmith’s licence. SCHEDULE
(Made under section 7(3))
GOLDSMITH’S AND SILVERSMITH’S LICENCE
Licence is hereby granted to ............................ of ................................. ................ to carry on the business of a goldsmith and silversmith at
(indicate and describe premises by name, situation or other particulars
of identity) until the 31st day of December, 20........ Dated at ...................................... this .................... day of ................. 20........ .......................................

Dated at ...................................... this .................... day of ................. 20........ .......................................

licensing officer
Exemption of
dentists
Cap. 152
Exemption from
provisions of
section 14