East African Community Customs Management Act, 2004 - VERTIC

No. 1 East African Community Customs Management 2005(b) where any such thing has been seized in the presence of anyperson coming within the definition of owner for thepurposes of this Act, then it shall not be necessary for theofficer effecting the seizure to give notice to any otherperson coming within such definition;(c) a notice given to any person coming within such definitionof owner shall be deemed to be notice to all other personscoming within such definition;(d) where a person coming within such definition of owner isnot known, then it shall not be necessary for the officereffecting the seizure to give notice to any person.(2) Where any goods which are of a perishable nature or are animalsare seized, the Commissioner may direct that such goods shall be soldforthwith, either by public auction or by private treaty, and that theproceeds of the sale shall be retained and dealt with as if they were theseized goods.(3) Where any thing liable to forfeiture under this Act has beenseized, then-(a) if any person is being prosecuted for the offence by reasonof which the thing was seized, the thing shall be detaineduntil the determination of such prosecution and dealt with inaccordance with section 215;(b) in any other case, the thing shall be detained until one monthafter the date of the seizure, or the date of any notice givenunder subsection (1), as the case may be; and if a claim isnot made as provided in subsection (4) within a period ofone month, such thing shall be deemed to be condemned.(4) Where any thing liable to forfeiture under this Act has beenseized, then, subject to subsection (1) (a) and subsection (3)(a), the owner may, within one month of the date of theseizure or the date of any notice given under subsection (1),as the case may be, by notice in writing to theCommissioner claim such thing.133