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.

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.

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

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.

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.

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

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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 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.

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

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.