if the goods have been sold on credit but the repayment period has expired; Contains a list of goods that cannot be exported to the country or are otherwise restricted. a lien in respect of the goods or the right to withhold them for the price while in possession of the goods; Where a document of ownership of the goods has been lawfully transferred to a person as purchaser or owner of the goods and that person transfers the instrument to a person who receives the document in good faith and for valuable consideration, then, if the latter transfer was made by sale, the unpaid lien or cessation in Transsitu is cancelled, and if the latter transfer was made by way of pledge or other disposition for valuable consideration, the seller`s right of retention or rental in Transsitu may only be exercised subject to the rights of the purchaser. The seller may exercise his lien even if he is in possession of the goods as agent, custodian or custodian of the buyer. Amos Kimunya, Kenya`s trade minister, opposed the law, saying it would discourage investment in Kenya. (THE NEW VISION, above.) Samuel Nyamdemo, an analyst at the University of Nairobi`s School of Economics, argued that the law will encourage farmers to stop producing artificially cheap products and create severe shortages. (Ibid.) An enforcement order or other writ of execution against property binds the property of the debtor of enforcement from the time the enforcement order is delivered to the sheriff for enforcement; and for the best account of that time, upon receipt of the writing, the sheriff shall record on the back the time, day, month, and year in which he received it, free of charge: provided that nothing in this section interferes with the process of issuing or transferring title to goods. The use and trafficking of illegal Class A drugs in Kenya is punishable by heavy fines and imprisonment. The penalty for possession is 10 years in prison. Whether a provision of a contract of sale is a condition the breach of which may give rise to a right to treat the contract as withdrawn or to a warranty, the breach of which may give rise to a claim for damages, but not to a right to refuse the goods and to treat the contract as withdrawn, depends in each case on the interpretation of the contract; And a provision can be a condition, although it is called a guarantee in the contract. If the goods are delivered to the buyer by authorization or “on sale or return” or under other similar conditions, ownership of them passes to the buyer – In case of breach of the guarantee of quality, the loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had, if they had responded to the warranty. when he hands over the goods to a freight forwarder or other custodian for delivery to the buyer without reserving the right to dispose of the goods; If the seller notifies the carrier or another custodian in possession of the goods of the stop-in-transit, the seller must return the goods to or in accordance with the seller`s instructions; and the costs of new delivery are the responsibility of the seller.
in the event of the buyer`s insolvency, a right to stop the goods in Transsitu after disposing of them; If the goods are dispatched and the goods are delivered by bill of lading in the name of the seller or his representative, the seller reserves the right to dispose prima facie. Where there is a contract for the sale of certain goods or where goods are subsequently used for the contract, the seller may, by means of the contract or appropriation, reserve the right to dispose of the goods until certain conditions are met; And in such case, despite delivery of the goods to a buyer or freight forwarder or other custodian for transmission to the buyer, title to the goods shall not pass to the buyer until the conditions imposed by the seller have been fulfilled. If the goods are in the possession of a third party at the time of sale, no delivery will be made by the seller to the buyer, unless the third party acknowledges to the buyer that he owns the goods on his behalf: If, on the basis of a contract of sale, the price is payable on a certain day regardless of delivery, and if the buyer unfairly neglects the price or refuses to pay the price, the seller may maintain an action for the price even if ownership of the goods has not passed and the goods have not been suitable under a contract. The necessities of this section are goods that correspond to the living conditions of the infant or minor or any other person and his real needs at the time of sale and delivery. Unless otherwise agreed, the goods remain at the seller`s risk until ownership of them passes to the buyer, but if ownership of them is transferred to the buyer, the goods pass at the buyer`s risk, whether or not delivery has taken place: Any person, entrepreneur or consumer who demands or pays more than the fixed price for goods or services, commits a criminal offence and is liable to five years` imprisonment. and/or a fine of KES 1 million (approximately $12,262). (Id. at ยง6.) If a partial delivery of the goods to the buyer or his authorised representative has been made on this behalf, the remaining delivery may be stopped in transsitu, unless the partial delivery has taken place in circumstances such that an agreement on the transfer of possession of all the goods is required. If goods are delivered to the buyer after he has not previously inspected, they are deemed to be accepted only when the buyer has had a reasonable opportunity to inspect them in order to determine whether they are in conformity with the contract.
When looking for legal information in Kenya`s laws, you often need to understand what the law looked like not only today, but also a few years ago. The nature of the law is such that it changes, and if you need to understand what was legally in place at the time, it can be quite difficult to do so. The amount of information you have to work with can be overwhelming. Therefore, we are pleased to include a very powerful feature in Kenya`s new laws, Point in Time. This feature allows you to go back in time to see what an action might have looked like in its previously modified shapes. For example, you may need to see what the Income Tax Act looked like in 2004, well, with Point in Time, you can do just that. To use the feature, all you have to do is search for an act and load it as usual. If the law has already been amended, you will notice a “calendar” drop-down menu at the top of the law. Simply click on the drop-down menu and select a date (each date refers to a previous modified version of the act you are viewing), and the system will load that particular version. If you want to revert to the current version, click the Point in Time drop-down menu again and select the top date, which is the current version.