Kenya Act or statute

Parliament of Kenya

Explosives Act

The Act may be cited as the Explosives Act. Section 2 titled "Interpretation" contains the phrase "the licence clearly indicates that it does not constitute a danger building; or". The Commissione…

Jurisdiction: Kenya
Structure: 32 provisions
Citation: Cap. 115
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“The Act may be cited as the Explosives Act.”

The Act may be cited as the Explosives Act. Section 2 titled "Interpretation" contains the phrase "the licence clearly indicates that it does not constitute a danger building; or". The Commissioner may depute persons to act as inspectors, and those deputed will have the same powers and duties as inspectors. Manufacture of certain explosives is restricted: small amounts for chemical experiment or practical trial may be allowed under specified conditions; contravention makes any person guilty of an offence with fines, imprisonment, and forfeiture; owners/occupiers of premises are deemed manufacturers unless they can satisfy the Court; the accused bears the burden of proof for experimental or trial manufacture. Persons are prohibited from manufacturing authorized explosives anywhere except in an explosives factory.

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PRELIMINARY - 1. Short title

The Act may be cited as the Explosives Act.

Section 1

Licensed Dealers in Explosives - 9. Permit necessary to acquire blasting materials

Section 9

LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 17. Powers of Commissioner to grant or refuse licence

The Commissioner may refuse or grant a licence application (with or without modifications and conditions) after considering the commission's report; dissatisfied persons may appeal to the Cabinet Secretary whose decision is final.

Section 17

POWERS OF INSPECTORS - 24. Powers of inspectors to enter and inspect premises

Inspectors have the power to enter and inspect any explosives factory or magazine at any hour to inspect and make inquiries about compliance and safety.

Section 24

POWERS OF INSPECTORS - 32. Saving

Exempts importation, storage, use or transport of explosives when carried out by the armed forces, other armed forces lawfully in Kenya, or other forces or services constituted by law and lawfully in possession of explosives.

Section 32

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Showing 32 of 32 provisions

Provision 16Offence 13Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the Explosives Act.

Section 1. Short title Section This Act may be cited as the Explosives Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 titled "Interpretation" contains the phrase "the licence clearly indicates that it does not constitute a danger building; or".

Section 2. Interpretation Section the licence clearly indicates that it does not constitute a danger building; or

Section 2Verify source

§ 3PRELIMINARY - 3. Appointment of inspectorsProvision

The Commissioner may depute persons to act as inspectors, and those deputed will have the same powers and duties as inspectors.

Section 3. Appointment of inspectors Section 3(1) There shall be a chief inspector of explosives and such other inspectors of explosives and such other officers as may be necessary (under whatever title as may from time to time be determined) for the purposes of this Act. Section 3(2) The Commissioner may depute other persons to act as inspectors in certain localities and for certain purposes; and in so far as any such person is authorized so to act he shall have the same powers and be subject to the same duties as are conferred and imposed upon inspectors by this Act. [Act No. 30 of 1953 , s. 3, L.N. 124/1964, Sch.]

Section 3Verify source

Part II

MANUFACTURE OF EXPLOSIVES

§ 4MANUFACTURE OF EXPLOSIVES - 4. Restriction of manufacture of unauthorized explosivesOffence

Manufacture of certain explosives is restricted: small amounts for chemical experiment or practical trial may be allowed under specified conditions; contravention makes any person guilty of an offence with fines, imprisonment, and forfeiture; owners/occupiers of premises are deemed manufacturers unless they can satisfy the Court; the accused bears the burden of proof for experimental or trial manufacture.

Section 4. Restriction of manufacture of unauthorized explosives Section 4(1)(a) it is manufactured solely for the purposes of chemical experiment and not for sale, and in quantities not exceeding five hundred grams in weight at any one time, or two kilograms in all; or Section 4(1)(b) it is manufactured solely for practical trial as an explosive and not for sale, and in such quantities and under such conditions as may be specified in writing by an inspector. Section 4(2) Any person who contravenes the provisions of this section or any conditions imposed under the powers thereof shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or, in default of payment, to imprisonment for a term not exceeding two years, and the explosive in respect of which the contravention has taken place shall be forfeited. Section 4(3) The owner and the occupier of any premises in or on which an unauthorized explosive has been manufactured in contravention of this section shall be deemed to be the manufacturer, unless such owner or occupier (as the case may be) satisfies the Court before which he is charged that he was unaware that any such contravention was occurring or had occurred. Section 4(4) The burden of proving that any manufacture of an unauthorized explosive was solely for purposes of chemical experiment or practical trial and not for sale shall, in any prosecution under this section, be upon the accused. [Act No. 30 of 1953 , s. 4, Act No. 12 of 1970 , 1st Sch.]

Section 4Verify source

§ 5MANUFACTURE OF EXPLOSIVES - 5. Restriction of manufacture of authorized explosivesOffence

Persons are prohibited from manufacturing authorized explosives anywhere except in an explosives factory.

Section 5. Restriction of manufacture of authorized explosives Section 5(1) No person shall manufacture any authorized explosive in any place other than an explosives factory. Section 5(2) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or, in default of payment, to imprisonment for a period not exceeding two years, and the explosive in respect of which any such contravention has taken place shall be forfeited. [Act No. 30 of 1953 , s. 5.]

Section 5Verify source

Part III

STORAGE OF EXPLOSIVES

§ 6STORAGE OF EXPLOSIVES - 6. Restriction of storage or possession of unauthorized explosivesProvision

Storage or possession of unauthorized explosives is restricted: explosives are allowed only if manufactured as provided by section 4(1)(a) and weigh not more than two kilograms, or if manufactured as provided by section 4(1)(b) and are kept, stored or possessed in manner and quantities approved in writing by an inspector; section 4(2)–(4) apply mutatis mutandis for contraventions.

Section 6. Restriction of storage or possession of unauthorized explosives Section 6(1)(a) unless it has been manufactured as provided by section 4 (1)(a), and does not exceed two kilograms in weight; or Section 6(1)(b) unless it has been manufactured as provided by section 4 (1)(b), and is kept, stored or possessed in such manner and in such quantities as have been approved in writing by an inspector. Section 6(2) Subsections (2), (3) and (4) of section 4 shall apply mutatis mutandis in the event of any contravention of this section or of any of the conditions imposed thereunder. [Act No. 12 of 1970 , 1st Sch.]

Section 6Verify source

§ 7STORAGE OF EXPLOSIVES - 7. Restriction of storage or possession of authorized explosivesOffence

Persons must not store or possess authorized explosives except in specified authorised places or under specified conditions (various exceptions listed in subsections).

Section 7. Restriction of storage or possession of authorized explosives Section 7(1)(a) except in an explosives factory or explosives magazine; or Section 7(1)(b) unless the explosive is kept for private use, and not for sale or other disposal, and in accordance with rules; or Section 7(1)(c) unless the explosive is kept for use in the construction of any railway, road or other public work, in quantities not exceeding two thousand five hundred kilograms in weight, and is stored in a temporary magazine approved by an inspector and under conditions specified in writing by an inspector; or Section 7(1)(d) unless the explosive is kept in quantities not exceeding five hundred kilograms in weight, and is stored in an isolated place approved by an inspector and under conditions specified in writing by an inspector; or Section 7(1)(e) unless the explosive is kept by a person in possession of a licence, as provided in section 8 , to deal in explosives, and in accordance with any conditions attached to that licence or prescribed by the rules. Section 7(2) Any person who contravenes the provisions of this section or any condition imposed or prescribed thereunder or mentioned therein shall be guilty of an offence and liable to a fine not exceeding three thousand shillings, or, in default of payment, to imprisonment for a term not exceeding one year, and the explosive in respect of which the contravention has taken place shall be forfeited. Section 7(3) The owner and the occupier of any premises in, at or on which any contravention of this section has occurred shall be guilty of an offence and liable to the penalties prescribed for any such contravention, unless such owner or occupier (as the case may be) satisfies the Court before which he is charged that he was unaware that any such contravention was occurring or had occurred. [Act No. 30 of 1953 , s. 6, Act No. 12 of 1970 , 1st Sch.]

Section 7Verify source

Part IV

Licensed Dealers in Explosives

§ 8Licensed Dealers in Explosives - 8. Licence necessary to deal in explosivesOffence

Persons (except manufacturers) must have a licence under this Act to sell, deal in or dispose of explosives; contravention is an offence punishable by a fine not exceeding three thousand shillings or up to one year imprisonment.

Section 8. Licence necessary to deal in explosives Section 8(1) No person, other than the manufacturer, shall sell, deal in or dispose of any explosive unless he is in possession of a licence granted under this Act. Section 8(2) For the purposes of this section, a manager, as defined in the Mining (Safety) Regulations (Cap. 306, Sub. Leg), who in outlying districts and in accordance with rules supplies other consumers, shall not be deemed to be a dealer, unless he sells at a profit. Section 8(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or, in default of payment, to imprisonment for a term not exceeding one year. [Act No. 30 of 1953 , ss. 7 and 10, Act No. 28 of 1961 , Sch.]

Section 8Verify source

§ 9Licensed Dealers in Explosives - 9. Permit necessary to acquire blasting materialsOffence

Persons are prohibited from purchasing, acquiring, selling or disposing of blasting materials except where a written permit issued by an inspector authorizes the transaction; selling to someone who cannot produce such a permit or exceeding the quantity in the permit is prohibited; contravention is an offence punishable by a fine up to three thousand shillings or up to one year imprisonment in default of payment.

Section 9. Permit necessary to acquire blasting materials Section 9(1) No person shall purchase or otherwise acquire blasting materials except under the authority of, and to the extent authorized in, a written permit issued by an inspector. Section 9(2) No person shall sell or dispose of blasting materials to any person who fails to produce at the time of the transaction a permit of the type referred to in subsection (1) nor shall any person sell or dispose of any such materials in excess of the quantity referred to in such permit. Section 9(3) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or, in default of payment, to imprisonment for a term not exceeding one year. [Act No. 30 of 1953 , ss. 8 and 10.]

Section 9Verify source

Part V

IMPORTATION, EXPORTATION AND USE OF EXPLOSIVES

§ 10IMPORTATION, EXPORTATION AND USE OF EXPLOSIVES - 10. Prohibition of importation and exportation of explosives without permitProvision

No person may import or export explosives or cause them to be imported or exported unless they have obtained a permit.

Section 10. Prohibition of importation and exportation of explosives without permit Section No person shall import or export, or cause to be imported or exported, any explosive, unless he has obtained a permit issued, in the case of blasting materials, under the authority of an inspector, or, in the case of other explosives, by any person authorized by the Commissioner to issue such a permit. [Act No. 30 of 1953 , s. 3.]

Section 10Verify source

§ 11IMPORTATION, EXPORTATION AND USE OF EXPLOSIVES - 11. Prohibition of use of blasting materials without permitProvision

Using blasting materials is prohibited except when the user holds a valid miner’s blasting certificate, is supervised by someone who does, or holds a permit issued by an inspector.

Section 11. Prohibition of use of blasting materials without permit Section 11(1)(a) at a depth of ten metres or more, measured from the surface along or down a shaft, adit, well or tunnel, unless he is in possession of a valid miner’s blasting certificate issued to him under the Mining Act (Cap. 306), or is under the immediate supervision of the holder of such a certificate; or Section 11(1)(b) in all other cases, unless he is in possession of a valid miner’s blasting certificate issued to him under the Mining Act (Cap. 306) or of a valid permit issued to him for such purpose by an inspector, who is hereby authorized so to do, or unless he is under the immediate supervision of a person in possession of either such a certificate or permit. Section 11(2) No permit shall be issued unless the issuing authority is satisfied that the applicant may be safely entrusted with the use of blasting materials, and that there is necessity for his using the same. Section 11(3) The Commissioner may, in his discretion, at any time, by order revoke a permit issued under this section or under section 10 , if he is satisfied that good cause for such revocation exists. Section 11(4) Any person dissatisfied by an order of revocation made by the Commissioner under this section may appeal against such order to the Cabinet Secretary, whose decision shall be final. [Act No. 30 of 1953 , s. 9, L.N. 342/1956, L.N. 172/1960, Act No. 12 of 1970 , 1st Sch.]

Section 11Verify source

§ 12IMPORTATION, EXPORTATION AND USE OF EXPLOSIVES - 12. PenaltiesOffence

Anyone who breaks sections 10 or 11 commits an offence and can be fined up to three thousand shillings or, if the fine is not paid, imprisoned for up to one year.

Section 12. Penalties Section Any person who contravenes sections 10 and 11 shall be guilty of an offence and liable to a fine not exceeding three thousand shillings, in default of payment, to imprisonment for a term not exceeding one year. [Act No. 30 of 1953 , s. 10.]

Section 12Verify source

Part VI

MOVEMENT OF EXPLOSIVES WITHIN KENYA

§ 13MOVEMENT OF EXPLOSIVES WITHIN KENYA - 13. Prohibition of conveyance of explosives without permitOffence

Persons must not convey explosives without a permit, subject to two exceptions for safety fuses/percussion caps/fireworks and conveyance within one's own land or property; breach is an offence with specified penalty.

Section 13. Prohibition of conveyance of explosives without permit Section 13(1)(i) this section shall not apply to safety fuses, percussion caps or fireworks; Section 13(1)(ii) no permit shall be required for the conveyance of explosives within any land or property belonging to or occupied by the person conveying, or authorizing the conveyance of the explosives. Section 13(2) Any person who contravenes the provisions of this section, or of any permit issued under this section, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or, in default of payment, to imprisonment for a term not exceeding six months. [Act No. 30 of 1953 , s. 11.]

Section 13Verify source

Part VII

LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES

§ 14LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 14. Application for licence to erect factoryProvision

Section 14 lists particulars related to an application for a licence to erect a factory and empowers the Commissioner to refuse applications or direct a public inquiry; dissatisfied persons may appeal to the Cabinet Secretary whose decision is final.

Section 14. Application for licence to erect factory Section 14(1)(a) the situation and extent or area of the land on which it is proposed to erect the factory, together with the area of land surrounding the same which it is proposed to leave free of buildings; Section 14(1)(b) the several distances which it is proposed to maintain between the several danger buildings respectively, and between those danger buildings and other buildings or works used in connection with the factory; Section 14(1)(c) the materials to be used in, and the mode of construction of, all danger buildings and works on, in or used in connection with the factory; Section 14(1)(d) the nature of the processes of manufacture to be used in the factory, the place at which each process of manufacture and every description of work is intended to be carried on in the factory and the places on or in which it is proposed to keep in store any ingredients of explosives or other articles liable to spontaneous ignition or combustion or otherwise dangerous; Section 14(1)(e) the quantity of explosives, or of any partly or wholly mixed ingredients thereof, which it is proposed to use simultaneously in or near any building or in or near any machine; Section 14(1)(f) the maximum number of persons of each race which it is proposed to employ in each danger building in the factory; Section 14(1)(g) any further particulars which the Commissioner may require, having regard to any special circumstances arising from the locality or construction of any buildings or works, or to the nature of any process to be carried on therein. Section 14(2) The Commissioner may refuse any such application or direct that a public inquiry be held, as is provided in section 15 , as to the expediency of granting the application. Section 14(3) Any person dissatisfied by a decision of the Commissioner under this section may appeal against such decision to the Cabinet Secretary, whose decision shall be final. [Act No. 30 of 1953 , ss. 3 and 13, L.N. 342/1956, L.N. 172/1960, L.N. 761/1963.]

Section 14Verify source

§ 15LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 15. Notice of inquiry into expediency of granting of licence, and objectionsProvision

When the Commissioner directs an inquiry, he must publish a notice (at the applicant's cost) about the licence application and hearing; the notice must be published weekly for three consecutive weeks; the commission may not sit until at least one week after the last publication; local authorities and nearby/resident persons with substantial interest may lodge written objections at least seven days before the sitting; applicants and objectors may appear in person or by authorised deputy.

Section 15. Notice of inquiry into expediency of granting of licence, and objections Section 15(1) In the event of the Commissioner directing that such an inquiry as aforesaid be held, he shall cause a notice to be published at the cost of the applicant, stating that application has been made under this Act for the grant of a licence to erect a factory for the manufacture of explosives, describing as far as possible the proposed site of the factory, and stating that a commission will sit to hear any objections to the grant of such a licence, and the date, time and place on or at which that commission will sit to hear the application. Section 15(2) The notice shall be published once a week, during three consecutive weeks, in the Gazette and in one or more newspapers circulating in the district in which it is proposed to erect or establish the factory, and the commission shall not sit till the expiration of at least one week from any last publication of the notice. Section 15(3) The local authority having jurisdiction in an area in which, or within two kilometres of which, is situate the site of the proposed factory, and any person residing or carrying on business within a like distance, or any person who can show a substantial interest in opposing the grant of a licence, may, either individually or jointly with others, lodge an objection in writing to the grant of any such licence with the chairman of the commission not later than seven days before the sitting of the commission. Section 15(4) Every applicant for a licence or objector thereto may appear before the commission in support of his application or objection, either in person or by a deputy authorized thereto in writing by the applicant or objector. [Act No. 30 of 1953 , s. 3, Act No. 12 of 1970 , 1st Sch.]

Section 15Verify source

§ 16LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 16. Constitution, powers and duties of commissionProvision

The commission must consist of an inspector (the chairperson) and two other persons appointed by the Commissioner, and must, as soon as possible after finishing a sitting, report to the Commissioner with any recommendations it thinks fit.

Section 16. Constitution, powers and duties of commission Section The commission shall consist of an inspector (who shall be the chairperson of the commission) and two other persons appointed for the purpose by the Commissioner, and it shall, as soon as may be after the conclusion of its sitting, make a report to the Commissioner, with such recommendations as it may think fit. [Act No. 30 of 1953 , s. 3.]

Section 16Verify source

§ 17LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 17. Powers of Commissioner to grant or refuse licenceProvision

Section 17. Powers of Commissioner to grant or refuse licence Section 17(1) Upon consideration of the report and recommendations of the commission, the Commissioner may refuse the application for a licence, or may grant the application with or without modifications and conditions. Section 17(2) Any person dissatisfied by a decision of the Commissioner under this section may appeal against such decision to the Cabinet Secretary, whose decision shall be final. [Act No. 30 of 1953 , s. 3, L.N. 342/1956, L.N. 173/1960.]

Section 17Verify source

§ 18LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 18. Issue of licenceProvision

A licence to build and maintain an explosives factory must be issued by the Commissioner when a payment of two thousand shillings is made; manufacture of explosives is not allowed until the chief inspector of explosives is satisfied the premises are sufficiently complete.

Section 18. Issue of licence Section Any licence under this Act to erect, establish and maintain a factory for the manufacture of explosives shall, if granted, be issued by the Commissioner on payment of a sum of two thousand shillings: Provided that no explosive shall be manufactured until the chief inspector of explosives is satisfied that the premises in respect of which the licence has been granted are in a sufficiently complete state to enable the provisions of this Act and rules to be carried out and complied with in all respects. [Act No. 30 of 1953 , s. 3, Act No. 18 of 1986 , Sch.]

Section 18Verify source

§ 19LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 19. Amendment of licenceAmendment

The Commissioner may amend any licence or its conditions upon application, but shall not consent to an amendment except after an inspector reports that public or worker safety will not be diminished; amendments must not be inconsistent with the Act or the rules.

Section 19. Amendment of licence Section Any licence or the conditions thereof may, upon application, be amended by the Commissioner, who shall not consent to the amendment except upon a report by an inspector that the safety of the public or of any person employed in or at the licensed factory will not be thereby diminished: Provided that no such amendment shall be inconsistent with this Act or the rules. [Act No. 30 of 1953 , s. 3, Act No. 28 of 1961 , Sch.]

Section 19Verify source

§ 20LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 20. Transfer of licenceProvision

Licences can be transferred to another person, but four weeks' written notice must be sent to the Commissioner; the Commissioner may only refuse if the proposed transferee is unsuitable. Decisions by the Commissioner may be appealed to the Cabinet Secretary, whose decision is final.

Section 20. Transfer of licence Section 20(1) Any licence may be transferred into the name of another person: Provided that four weeks’ notice in writing of a desire to transfer shall be sent to the Commissioner, who shall not refuse such a transfer except on the ground that the proposed transferee is not a suitable person to hold such a licence. Section 20(2) Any person dissatisfied by a decision of the Commissioner under this section may appeal against such decision to the Cabinet Secretary, whose decision shall be final. [Act No. 30 of 1953 , s. 3, L.N. 342/1956, L.N. 172/1960.]

Section 20Verify source

§ 21LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 21. Revocation of licence, and lapse of sameProvision

The Commissioner may revoke licences issued under section 18; licences expire if the holder ceases authorized work for one year or if premises are used for unauthorized trade; dissatisfied persons may appeal to the Cabinet Secretary whose decision is final.

Section 21. Revocation of licence, and lapse of same Section 21(1) The Commissioner may revoke any licence issued under section 18 . Section 21(2) Every licence shall ipso facto expire if the holder thereof has ceased to carry on, for a period of one year, any work authorized by the licence, and shall become void if the premises in respect of which the licence was granted have been used for any trade or work not authorized by the licence. Section 21(3) Any person dissatisfied by a decision of the Commissioner under this section may appeal against such decision to the Cabinet Secretary, whose decision shall be final. [Act No. 30 of 1953 , s. 3, L.N. 342/1956, L.N. 172/1960.]

Section 21Verify source

§ 22LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 22. Application for licence to erect or use explosives magazineProvision

People who wish to build or operate a magazine for storing explosives must apply to an inspector for a licence; the inspector may grant a licence subject to rules, consultation with the local authority (if any), and other conditions the inspector thinks fit.

Section 22. Application for licence to erect or use explosives magazine Section 22(1) Any person desiring to erect or carry on a magazine for the storage of explosives shall make application for a licence for the same to an inspector, who may grant such a licence, subject to the observance of the rules and after consultation with the local authority, if any, and upon such other conditions as he may think fit to attach to the licence. Section 22(2) Sections 19 , 20 and 21 shall apply mutatis mutandis in respect of any licence granted under this section. [Act No. 30 of 1953 , s. 15.]

Section 22Verify source

§ 23LICENSING OF FACTORIES AND EXPLOSIVES MAGAZINES - 23. Penalty for unlicensed factory or magazineOffence

Anyone who establishes, erects, maintains or uses a factory to manufacture explosives without a valid licence is committing an offence and faces a fine up to five thousand shillings or up to twelve months' imprisonment if the fine is not paid.

Section 23. Penalty for unlicensed factory or magazine Section Any person who establishes, erects, maintains or uses a factory for the manufacture of explosives, otherwise than in accordance with a valid licence issued under this Act, shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or, in default of payment, to imprisonment for a term not exceeding twelve months. [Act No. 30 of 1953 , s. 16.]

Section 23Verify source

Part VIII

POWERS OF INSPECTORS

§ 24POWERS OF INSPECTORS - 24. Powers of inspectors to enter and inspect premisesProvision

Inspectors have the power to enter and inspect any explosives factory or magazine at any hour to inspect and make inquiries about compliance and safety.

Section 24. Powers of inspectors to enter and inspect premises Section to enter any explosives factory or explosives magazine at any hour of the day or night for the purpose of inspecting the same and of making inquiries relative to the compliance with this Act and the rules, or relative to the means used therein for preserving the safety of the public or of any person employed therein;

Section 24Verify source

§ 25POWERS OF INSPECTORS - 25. Penalties for obstructing inspector or refusing to answer inquiries, etc.Offence

Any person who wilfully obstructs, hinders, disobeys, fails to answer, or gives false information to an inspector commits an offence and is liable to a fine up to three thousand shillings or imprisonment up to one year.

Section 25. Penalties for obstructing inspector or refusing to answer inquiries, etc. Section Any person who wilfully obstructs or hinders any inspector in the exercise of the powers or duties conferred or imposed upon him by this Act or the rules, or disobeys any lawful order of an inspector, or who upon demand fails to answer as far as he may be able any question lawfully put by an inspector, or who gives false information to an inspector, whether in answer to any such question or not, shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or, in default of payment, to imprisonment for a term not exceeding one year. [Act No. 30 of 1953 , s. 17.]

Section 25Verify source

§ 26POWERS OF INSPECTORS - 26. Power to stop dangerous methodsProvision

Allows persons dissatisfied with confiscation or requisition to appeal to the chief inspector of explosives within thirty days; the chief inspector must decide without undue delay; an appellant may further appeal to the Cabinet Secretary within thirty days whose decision is final; section permits confiscation, written orders to stop dangerous methods, and remedial orders; the section is without prejudice to prosecution.

Section 26. Power to stop dangerous methods Section 26(1)(a) confiscate and remove the explosives; Section 26(1)(b) by order in writing require the immediate discontinuance of such method; Section 26(1)(c) by order in writing require such remedial measures to be taken as in his opinion are necessary. Section 26(2) Any person who is dissatisfied with a confiscation or requisition done or made under this section may within thirty days thereof appeal to the chief inspector of explosives, who shall give his decision thereon with the least possible delay. Section 26(3) If an appellant is dissatisfied with a decision of the chief inspector of explosives given under this section he may within thirty days of such decision appeal therefrom to the Cabinet Secretary, whose decision shall be final. Section 26(4) The provisions of this section shall be without prejudice to any prosecution. [Act No. 30 of 1953 , s. 18, L.N. 343/1956, L.N. 173/1960.]

Section 26Verify source

§ 27POWERS OF INSPECTORS - 27. Duty of occupier of a factory to make special rulesOffence

Occupiers of factories, explosives magazines or premises where explosives are dealt in must make (and enforce) special rules for persons employed there, subject to the chief inspector of explosives' approval and consistency with the Act.

Section 27. Duty of occupier of a factory to make special rules Section 27(1) Every occupier of a factory shall, subject to the approval of the chief inspector of explosives, make special rules, not inconsistent with this Act, for regulating the persons employed in that factory with a view to securing the observance therein of the provisions of this Act and the rules, the safety and proper discipline of all such persons and the safety of the public. Section 27(2) The occupier of any explosives magazine or of any premises where explosives are dealt in shall, if it seems to an inspector to be necessary, make such special rules, not inconsistent with this Act, as are described in subsection (1). Section 27(3) The occupier of any such factory, magazine or premises shall take all reasonable steps for ensuring or enforcing the observance of any such special rules. Section 27(4) In respect of penalties, any special rules made under this section shall be deemed to be rules under this Act.

Section 27Verify source

§ 28POWERS OF INSPECTORS - 28. Penalties for endangering safety or causing loss of lifeOffence

Section 28 prescribes fines and imprisonment for negligently or wilfully causing explosions that endanger property or life, with higher penalties where death results and a specific twelve-year imprisonment where wilful acts endanger life but do not cause death.

Section 28. Penalties for endangering safety or causing loss of life Section 28(1)(a) if the explosion is negligently caused and property is endangered, he shall be liable to a fine not exceeding five thousand shillings or, in default of payment, to imprisonment for a term not exceeding twelve months, or to both; Section 28(1)(b) if the explosion is negligently caused and life is endangered, he shall be liable to a fine not exceeding ten thousand shillings or, in default of payment, to imprisonment for a term not exceeding twelve months, or to both; Section 28(1)(c) if the act or omission causing the danger to life or property is wilful the maximum penalty hereinbefore mentioned in this section shall, if death does not result therefrom, be twelve years’ imprisonment without the option of a fine; Section 28(1)(d) if the explosion is negligently caused and death results, he shall be liable to a fine not exceeding twenty thousand shillings or, in default of payment, to imprisonment for a term not exceeding two years, or to both. Section 28(2) Nothing in this section contained shall be construed as exempting any person from being charged and punished under the Penal Code ( Cap. 63 ) or any other written law in respect of any such act or omission as is described in this section.

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§ 29POWERS OF INSPECTORS - 29. Penalty for making, possession or control of explosive for unlawful objectOffence

It is an offence for any person to make, possess or control an explosive in circumstances that reasonably suggest it is not for a lawful object, unless they can prove it was for a lawful object; punishable by up to seven years' imprisonment and forfeiture of the explosive.

Section 29. Penalty for making, possession or control of explosive for unlawful object Section Any person who makes or knowingly has in his possession or under his control any explosive, in circumstances which give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be guilty of an offence and liable to imprisonment for a term not exceeding seven years, and the explosive shall be forfeited. [Act No. 30 of 1953 , s. 19.]

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§ 30POWERS OF INSPECTORS - 30. RulesOffence

Section 30 authorizes rules on specified matters relating to explosives (construction, manufacture, storage, use, transport, licensing, inquiries, tests, fees, etc.) and permits the rules to impose penalties up to a fine of five thousand shillings or imprisonment up to two years, and may provide for forfeiture; also permits daily or increased penalties and different rules for different areas.

Section 30. Rules Section 30(1)(a) the construction of explosives factories, explosives magazines and other danger buildings; Section 30(1)(b) the conditions under which the manufacture of explosives may be carried on; Section 30(1)(c) the storage of explosives, whether in explosives magazines or elsewhere; Section 30(1)(d) the use of explosives; Section 30(1)(e) the packing, transport, importation and exportation of explosives, and the making of special rules governing the packing and transport at individual places, and the landing and handling of explosives in ports and harbours; Section 30(1)(f) the issue of licences to dealers in explosives, the conditions of any such licence, the restrictions which may be placed upon the sale or disposal of explosives to particular classes of persons, and the quantity of any explosive which may be purchased by any person or company under permit from the officer authorized by such rules; Section 30(1)(g) the inquiry into the circumstances of explosions endangering or causing injury to persons or property or death, and for the reporting of all such explosions; Section 30(1)(h) the prevention of trespass in or upon an explosives factory, or in or upon any explosives magazine or other place where explosives are kept; Section 30(1)(i) the tests to which explosives, or the raw materials from which explosives are manufactured, are liable to be submitted; Section 30(1)(j) the manner in which appeals under section 26 shall be notified and conducted; Section 30(1)(k) prescribing the statistics which manufacturers, dealers and users of explosives may be called upon to supply; Section 30(1)(l) prescribing the fees payable for licences or permits, and any renewals or duplicates or amendments thereof, Section 30(2) The rules may provide penalties for the contravention thereof or failure to comply therewith not exceeding in any case a fine of five thousand shillings or, in default of payment, imprisonment for a term not exceeding two years, and the rules may further provide that the explosive, if any, in respect of which the contravention or non-compliance has taken place may be forfeited. Section 30(3) The rules may prescribe daily penalties for a continuing contravention or non-compliance, or increased penalties for a second or subsequent contravention or non-compliance. Section 30(4) Different rules may be made in respect of different provinces, districts or areas. [Act No. 30 of 1953 , s. 20, Act No. 28 of 1961 , Sch., L.N. 343/1956, L.N. 173/1960, L.N. 236/1964, Sch.]

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§ 31POWERS OF INSPECTORS - 31. Expiration of licences and permitsProvision

Every licence or permit issued under this Act expires on the 31st December in the year of issue unless renewed.

Section 31. Expiration of licences and permits Section Every licence or permit issued under this Act shall expire on the 31st December in the year of issue unless renewed. [Act No. 30 of 1953 , s. 21.]

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§ 32POWERS OF INSPECTORS - 32. SavingProvision

Section 32. Saving Section the importation, storage, use or transport of any explosive by the armed forces, by any other armed forces lawfully in Kenya, or by any other force or service constituted by or under any written law and lawfully in possession of explosives;

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