Section 109 of Stamp Duty Act CAP 480: Responsibility for loss of or damage to instrument

(1) If any instrument sent to a collector under subsection (3) of section 19 is lost, destroyed or damaged during transmission, the person sending it shall not be liable for the loss, destruction or damage.
(2) When any instrument is about to be sent, the person from whose possession it came into the hands of the person impounding it may require a copy thereof to be made at the expense of the first mentioned person and authenticated by the person impounding the instrument:
Provided that in the event of the loss, destruction or damage of the original instrument the authenticated copy shall be admissible in evidence in any court, but the copy shall be chargeable with duty and penalty as if it were the original.

More Sections

Section 110 - Collector may administer oaths

A Collector may administer any oath or affirmation which may be necessary for the purposes of this Act.

Section 111 - Penalty for not drawing full number of bills or marine policies purporting to be in sets

Any person drawing or executing a bill of exchange or a policy of marine insurance purporting to be drawn or executed in a set of two or more and not at the same time drawing or executing, on paper...

Section 112 - Penalty for postdating bills and for other devices to defraud the revenue

Any person who - (a) with intent to defraud the Government of duty, draws, makes or issues a bill of exchange or promissory note, bearing a date subsequent to that on which the bill or note is...

Section 113 - Penalty for frauds in relation to stamp duties

(1) Any person who practises or is concerned in any fraudulent act, contrivance or device, not specially provided for by any written law, with intent to defraud the Government of any stamp duty or...

Section 114 - Liability in the case of corporate bodies and firms

(1) Where any obligation or liability is under the provisions of this Act imposed upon a corporate body and the obligation or liability is not discharged, every director, manager, secretary and other...

Section 115 - Search

(1) If it appears to a magistrate upon the oath of any person that there is reason to believe that there are or may be upon or in the possession or under the control of any person, or on any premises,...

Section 116 - Power to reward informers

The Senior Collector of Stamp Duties may reward any person who informs a collector of an offence under this Act or assists in the recovery of any fine or penalty, but a reward exceeding ten thousand...

Section 117 - Exemptions from stamp duty

(1) There shall be exempt from stamp duty under this Act— (a) an instrument executed by or on behalf of or in favour of the Government in any case in which, but for this exemption, the Government...

Section 118 - Expenses

There shall be defrayed out of moneys provided by Parliament administrative expenses incurred by the Cabinet Secretary or by any other Cabinet Secretary under this Act.

Section 119 - Regulations

The Cabinet Secretary may make regulations as may appear to him to be necessary or expedient for the proper carrying out of the intent and provisions of this Act, and, without prejudice to the...

Section 119A - Power to amend Schedule

(1) The Cabinet Secretary may, by order published in the Gazette, amend the Schedule. (2) Every order made under this section shall be laid before the National Assembly without unreasonable delay,...

Back to Kenya Acts