Kenya Act or statute

Parliament of Kenya

Prohibition of Anti-Personnel Mines Act

Jurisdiction: Kenya
Structure: 29 provisions
Citation: Cap. 116
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's short title is the Prohibition of Anti-Personnel Mines Act.”

The Act's short title is the Prohibition of Anti-Personnel Mines Act. Section 2 provides definitions for key terms used in the Act (for example, "anti-handling device", "anti-personnel mine", "mine", "prohibited object", and "transfer") and states that a person shall not be deemed to acquire or dispose of a prohibited object solely by acquiring or disposing of an interest in land containing emplaced mines. Section 3(1) makes the Convention in the Schedule part of Kenyan law subject to the Act; Section 3(2) authorizes the Cabinet Secretary to amend the Schedule by Gazette notice to reflect binding changes or subsequent protocols. Purpose: implement Kenya’s obligations under the Convention. This Act shall bind the State.

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PRELIMINARY - 1. Short title

The Act's short title is the Prohibition of Anti-Personnel Mines Act.

Section 1

OFFENCES RELATING TO ANTI-PERSONNEL MINES - 8. Authorised conduct

Section 8 authorises certain transfers, possession, participation and assistance involving prohibited objects when limited purposes and conditions are met, and prohibits the Cabinet Secretary from authorising quantities exceeding what is necessary.

Section 8

SECURING THE DESTRUCTION OF ANTI-PERSONNEL MINES - 15. Offences relating to destruction, etc

The section creates offences for obstructing personnel acting under this Part, interfering with warnings or objects, relinquishing possession without reasonable excuse, and making false statements; offenders face a fine up to five hundr…

Section 15

INFORMATION AND RECORDS - 22. Information and records for Ottawa convention purposes

The Cabinet Secretary may by notice require persons to provide specified information in a prescribed form within a reasonable period and to keep specified records; failure to comply or to not answer truthfully is an offence punishable b…

Section 22

MISCELLANEOUS PROVISIONS - 29. Rules

The Cabinet Secretary may make rules, not inconsistent with this Act, that are necessary or expedient for carrying out or giving effect to this Act.

Section 29

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Showing 29 of 29 provisions

Provision 13Offence 11Amendment 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act's short title is the Prohibition of Anti-Personnel Mines Act.

Section 1. Short title Section This Act may be cited as the Prohibition of Anti-Personnel Mines Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationAmendment

Section 2 provides definitions for key terms used in the Act (for example, "anti-handling device", "anti-personnel mine", "mine", "prohibited object", and "transfer") and states that a person shall not be deemed to acquire or dispose of a prohibited object solely by acquiring or disposing of an interest in land containing emplaced mines.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "anti-handling device" means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine; "anti-personnel mine" means a mine that is designed, altered or intended to explode by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons. Mines that are designed, altered or intended to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that are equipped with anti-handling devices are not considered to be anti-personnel mines as result of being so equipped; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to defence; "Convention" means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, set out in the Schedule to this Act, as amended from time to time in accordance with Article 13 of the Convention therein; "mine" means a munition designed, altered or intended to placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle; "premises" includes any land and any vehicle, vessel or aircraft; "prohibited object" means an anti-personnel mine or any component of an anti-personnel mine; "transfer" in respect of anti-personnel mines, includes, in addition to the physical movement of anti-personnel mines, the transfer of title to and control over anti-personnel mines, but does not include the transfer of territory containing emplaced anti-personnel mines; Section 2(2)(a) acquires the prohibited object or enters into a contract to acquire it; or Section 2(2)(b) makes arrangements under which another person either acquires the prohibited object or enters into a contract to acquire it. Section 2(3)(a) transfers the object or enters into a contract to transfer it; or Section 2(3)(b) makes arrangements under which another person either transfers the object or enters into a contract to transfer it. Section 2(4)(a) disposing of the object; and Section 2(4)(b) delivering the object to another person. Section 2(5)(a) a person acquires an object if he buys it, hires it, borrows it or accepts it as a gift; and Section 2(5)(b) a person disposes of an object if he sells it, lets it on hire, lends it or gives it. Section 2(6) For the purposes of this Act, a person shall not be deemed to acquire or dispose of a prohibited object by reason only of his acquisition or disposal of an interest in or right over land containing one or more emplaced anti-personnel mines.

Section 2Verify source

§ 3PRELIMINARY - 3. Implementation of the ConventionAmendment

Section 3(1) makes the Convention in the Schedule part of Kenyan law subject to the Act; Section 3(2) authorizes the Cabinet Secretary to amend the Schedule by Gazette notice to reflect binding changes or subsequent protocols.

Section 3. Implementation of the Convention Section 3(1) Subject to this Act, the Convention set out in the Schedule shall have the force of law in Kenya. Section 3(2) The Cabinet Secretary may from time to time by notice in the Gazette , amend the Schedule to reflect any changes made to the Convention, or any other subsequent protocols which may be ratified or acceded to by the Republic, if those changes are binding on the Republic.

Section 3Verify source

§ 4PRELIMINARY - 4. Purpose of the ActProvision

Purpose: implement Kenya’s obligations under the Convention.

Section 4. Purpose of the Act Section The purpose of the Act is to implement Kenya’s obligations under the Convention.

Section 4Verify source

§ 5PRELIMINARY - 5. Act to bind the StateProvision

This Act shall bind the State.

Section 5. Act to bind the State Section This Act shall bind the State.

Section 5Verify source

Part II

OFFENCES RELATING TO ANTI-PERSONNEL MINES

§ 6OFFENCES RELATING TO ANTI-PERSONNEL MINES - 6. Prohibited conductOffence

The section prohibits assisting, encouraging or inducing others to engage in prohibited conduct (subsection (1)); it also makes a range of acts (aid, abet, finance, conspire, etc.) that lead others to prohibited conduct offences, and sets penalties of a fine up to five hundred thousand shillings or imprisonment up to two years or both.

Section 6. Prohibited conduct Section 6(1)(a) use an anti-personnel mine; Section 6(1)(b) develop or produce a prohibited object; Section 6(1)(c) participate in the acquisition, stockpiling, retention or transfer of a prohibited object; Section 6(1)(d) have a prohibited object in his possession; or Section 6(1)(e) participate in the transfer of a prohibited object. Section 6(2) Subject to the provisions of this Part, no person shall assist, encourage or induce any other person to engage in any conduct mentioned in subsection (1). Section 6(3) A person who contravenes this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or both. Section 6(4) A person who aids, abets, encourages assists counsels, procures, incites, finances, attempts, conspires or convinces any person to engage in prohibited conduct specified in subsection (1) commits an offence and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 6Verify source

§ 7OFFENCES RELATING TO ANTI-PERSONNEL MINES - 7. Application of prohibitions to places outside KenyaOffence

Section 6(1) and Section 6(2) apply to conduct, and to assistance, encouragement and inducements, whether that conduct occurs in Kenya or elsewhere; proceedings for an offence under section 6 committed outside Kenya may be taken in any place in Kenya.

Section 7. Application of prohibitions to places outside Kenya Section 7(1) Section 6 (1) applies to conduct in Kenya or elsewhere. Section 7(2) Section 6 (2) applies to assistance, encouragement and inducements in Kenya or elsewhere, and so applies irrespective of whether the conduct assisted, encouraged or induced takes place, or (if it takes place) takes place in Kenya or elsewhere. Section 7(3)(a) conduct outside Kenya; and Section 7(3)(b) assistance, encouragement and inducements outside Kenya, Section 7(4) Proceedings for an offence under section 6 committed outside Kenya may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in Kenya.

Section 7Verify source

§ 8OFFENCES RELATING TO ANTI-PERSONNEL MINES - 8. Authorised conductOffence

Section 8. Authorised conduct Section 8(1) In proceedings for an offence under section 6 , it is a defence for the accused to satisfy the court that his conduct was authorised by this section. Section 8(2)(a) it is with the intention that the object will be used only for purposes permitted by subsection (8); and Section 8(2)(b) the transfer in question is authorized by the Cabinet Secretary for the purposes of this subsection. Section 8(3) A person's participation in the transfer of a prohibited object is authorised by this section if it is only for the purpose of enabling the object to be destroyed. Section 8(4) The possession by a person of a prohibited object is authorised by this section if it is only for the purpose of enabling the object to be destroyed. Section 8(5)(a) it is with the intention that the object will be used only for purposes permitted by subsection (8); and Section 8(5)(b) the object is one which the Cabinet Secretary has for the purposes of this subsection authorized him to have in his possession. Section 8(6)(a) the acquisition concerned is by means of a transfer which is authorised by virtue of subsection (2) or (3); and Section 8(6)(b) with the intention that the object will be used only for purposes permitted by subsection (8); or Section 8(6)(b)(i) with the intention that the object will be used only for purposes permitted by subsection (8); or Section 8(6)(b)(ii) for the purpose (with or without a further transfer) of enabling the object to be destroyed. Section 8(7) The assistance, encouragement or inducement by any person of conduct mentioned in section 6 (1) is authorised by this section if, at the material time, he believed on reasonable grounds that the conduct in question is or will be authorised by this section. Section 8(8)(a) the development of techniques of mine detection, mine clearance or mine destruction; Section 8(8)(b) training in techniques of mine detection, mine clearance or mine destruction; and Section 8(8)(c) the purposes of any proceedings under this Act or of any criminal investigation or other criminal proceedings in which the object in question is or may be evidence. Section 8(9) No person shall be authorised by the Cabinet Secretary for the purposes of subsection (2) or (5) to transfer, or to have in his possession, any prohibited objects of any description in numbers in excess of what is necessary for the purposes permitted by subsection (8). Section 8(10) Authorisation by this section of any conduct does not indemnify any person against, or otherwise abrogate or affect, a liability under any other Act in respect of that conduct.

Section 8Verify source

§ 9OFFENCES RELATING TO ANTI-PERSONNEL MINES - 9. International military operationsOffence

Section 9 addresses international military operations.

Section 9. International military operations Section 9(1)(a) takes place in the course of, or for the purposes of, a military operation to which this section applies, or the planning of such an operation; and Section 9(1)(b) is not, and does not relate to, the laying of anti-personnel mines in contravention of the Ottawa Convention. Section 9(2)(a) the conduct was in the course of, or for the purpose of, a military operation or the planning of a military operation; Section 9(2)(b) the conduct was not the laying of an anti-personnel mine; Section 9(2)(c) at the time of the conduct he believed on reasonable grounds that the operation was or would be an operation to which this section applies; and Section 9(2)(d) he did not know, and had no reason to suspect, that the conduct related to the laying of anti-personnel mines in contravention of the Ottawa Convention. Section 9(3)(a) which takes place wholly or mainly outside Kenya; Section 9(3)(b) which involves the participation both of members of the defence forces of the Republic and of members of the defence forces of a State other than Kenya; and Section 9(3)(c) in the course of which there is or may be some deployment of anti-personnel mines by members of the defence forces of one or more States that are not parties to the Ottawa Convention, but in the course of which such mines are not to be laid in contravention of that Convention. Section 9(4) If in any proceedings any question arises whether any actual or planned military operation involved the participation of any person, a certificate issued by or under the authority of the Cabinet Secretary stating any fact relating to that question shall be conclusive evidence of that fact. Section 9(5) For the purposes of this section, the laying of anti-personnel mines shall be deemed to be in contravention of the Ottawa Convention in any circumstances other than those where the mines are laid by members of the defence forces of a State that is not a party to that Convention. Section 9(6)(a) that Convention is in force in relation to that State; or Section 9(6)(b) paragraph 1 of Article 1 of that Convention is being provisionally applied in relation to that State in accordance with Article 18. Section 9(7) The defences available under this section in respect of an offence under section 6 extend to apply in respect of any offence of conspiring or attempting to commit the offence concerned.

Section 9Verify source

Part III

SECURING THE DESTRUCTION OF ANTI-PERSONNEL MINES

§ 10SECURING THE DESTRUCTION OF ANTI-PERSONNEL MINES - 10. Suspicious objectsProvision

The Cabinet Secretary may serve a notice on persons appearing to have a suspected prohibited object, must include specified information in the notice, and the person served must not relinquish possession before a date specified in the notice.

Section 10. Suspicious objects Section 10(1)(a) has reasonable grounds to suspect that an object is a prohibited object; and Section 10(1)(b) has reasonable grounds to believe that the person in possession of the prohibited object is not a person whose possession of it is authorised by section 8 , Section 10(1)(c) the Cabinet Secretary may serve a notice under this section on any person mentioned in subsection (3). Section 10(2)(a) describe the object and state its location; Section 10(2)(b) state that the Cabinet Secretary suspects that the object is a prohibited object and give the reasons for his suspicion; Section 10(2)(c) state that he is considering whether to secure its destruction under this Part; Section 10(2)(d) state that any person may make representations in writing to the Cabinet Secretary that the object is not a prohibited object or that it is lawfully in his possession; and Section 10(2)(e) state that a person on whom the notice is served and who has the object in his possession shall not relinquish possession before a date specified in the notice. Section 10(3)(a) any person who appears to the Cabinet Secretary to have the object in his possession; or Section 10(3)(b) any other person who appears to the Cabinet Secretary to have an interest which the Cabinet Secretary believes will be materially affected by the service of the notice.

Section 10Verify source

§ 11SECURING THE DESTRUCTION OF ANTI-PERSONNEL MINES - 11. Power to remove or immobilise objectsProvision

Section 11 prohibits a person from exercising powers under subsection (3) when the only persons possessing the object are authorised by section 8; it also defines when an object is "made safe."

Section 11. Power to remove or immobilise objects Section 11(1)(a) that a prohibited object is on any premises; and Section 11(1)(b) that none, or not all, of the persons in possession of the object are persons whose possession of the object is authorised by section 8 , Section 11(2)(a) that a prohibited object is on any premises; and Section 11(2)(b) that none, or not all, of the persons in possession of the object are persons whose possession of it is authorised by section 8 , Section 11(3)(a) may seize and remove it if it is reasonably practicable to do so; or Section 11(3)(b) may, in any case, affix a warning to the object, or in a conspicuous position to something near the object, stating that the object is not to be moved or interfered with before the date specified in the warning. Section 11(4) A person shall not exercise the powers conferred by subsection (3) if he is satisfied that the only persons in possession of the object are persons whose possessions of it is authorised by section 8 . Section 11(5) For the purposes of subsection (3), an object is made safe if, without being destroyed, it is prevented from being an immediate danger (by the disconnection of a detonator or otherwise). Section 11(6) This section applies whether or not a notice under section 10 has been served on any person.

Section 11Verify source

§ 12SECURING THE DESTRUCTION OF ANTI-PERSONNEL MINES - 12. Power to destroy removed objectsProvision

The Cabinet Secretary must serve a notice on persons with possession or material interest before destroying a removed object; persons served may object; after the first six-month period and subject to procedural safeguards the Cabinet Secretary may authorise destruction and may recover reasonable removal and destruction costs from the prior possessor.

Section 12. Power to destroy removed objects Section 12(1)(a) the first six-month period is the period of six months beginning with the day after the removal; and Section 12(1)(b) the second six-month period is the period of six months beginning with the day after the first six-month period ends. Section 12(2)(a) any person appears to the Cabinet Secretary to have had the object in his possession immediately before its removal; or Section 12(2)(b) any other person appears to the Cabinet Secretary to have an interest which the Cabinet Secretary believes would be materially affected by the object’s destruction, the Cabinet Secretary shall serve on that person a notice under this section. Section 12(3)(a) describe the object and state its location; Section 12(3)(b) state that the Cabinet Secretary proposes to secure its destruction and give the reasons for his proposal; Section 12(3)(c) state that the person on whom the notice is served may object to the Cabinet Secretary's proposal; and Section 12(3)(d) shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and Section 12(3)(d)(i) shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and Section 12(3)(d)(ii) shall show cause why the object should not be destroyed. Section 12(4) Subject to subsection (5), the Cabinet Secretary may, at any time in the second six-month period, authorise a person to destroy the object. Section 12(5)(a) afforded any person on whom a notice under this section has been served an opportunity to respond within the period allowed by the notice; and Section 12(5)(b) taken into account any objections made to the proposal to destroy the object, whether made in response to a notice or otherwise. Section 12(6) If any object is removed from premises under section 11 and destroyed under this section, the Cabinet Secretary may recover from any person who had possession of the object immediately before its removal any costs reasonably incurred by the Cabinet Secretary in connection with the removal and destruction. Section 12(7)(a) an object is removed from premises under section 11 ; Section 12(7)(b) at the end of the second six-month period, the Cabinet Secretary has not authorized the destruction of the object; and Section 12(7)(c) a person had possession of the object immediately before its removal,

Section 12Verify source

§ 13SECURING THE DESTRUCTION OF ANTI-PERSONNEL MINES - 13. Power to enter premises and destroy objectsProvision

The Cabinet Secretary may, subject to subsection (6) and within the second six months after a warning, with occupier's consent (not required for public premises), authorise entry to premises and destruction of the object; persons served may object in writing by the specified date; the Cabinet Secretary may recover reasonable destruction costs from the person who had possession immediately before the warning.

Section 13. Power to enter premises and destroy objects Section 13(1)(a) the first six months of the warning is the period of six months beginning with the day after the warning was affixed; and Section 13(1)(b) the second six months of the warning is the period of six months beginning with the day after the first six months of the warning ends. Section 13(2)(a) any person had the prohibited object in his possession immediately before the warning was affixed; or Section 13(2)(b) any other person has an interest which would be materially affected by the object's destruction, Section 13(3)(a) describe the object and state its location; Section 13(3)(b) state that the Cabinet Secretary proposes to secure its destruction and give the reasons for his proposal; Section 13(3)(c) state that the person on whom the notice is served may object to the Cabinet Secretary's proposal; and Section 13(3)(d) shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and Section 13(3)(d)(i) shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and Section 13(3)(d)(ii) shall state why the object should not be destroyed. Section 13(4) Subject to subsection (6), the Cabinet Secretary may, at any time within the second six months of the warning, with the consent of the occupier of the premises where the object is believed to be located, authorise a person to enter the premises and to destroy the object: Provided that the consent of the occupier shall not be necessary in relation to premises to which the public have access. Section 13(5)(a) that an object in respect of which a warning has been affixed under section 11 is on any premises; Section 13(5)(b) that the Cabinet Secretary has decided, within the second six months of the warning, that the object should be destroyed; and Section 13(5)(c) that the requirements of subsection (6) have been complied with, Section 13(6)(a) afforded any person on whom a notice under this section has been served an opportunity to respond within the period allowed by the notice; and Section 13(6)(b) taken into account any objections to the object’s proposed destruction, whether made in response to a notice or otherwise. Section 13(7) Where an object is destroyed under this section the Cabinet Secretary may recover, from any person who had possession of the object immediately before the warning was affixed under section 11 , any costs reasonably incurred by the Cabinet Secretary in connection with the destruction.

Section 13Verify source

§ 14SECURING THE DESTRUCTION OF ANTI-PERSONNEL MINES - 14. Compensation for destructionProvision

If an object was destroyed under section 12 or 13 and a person with a materially affected interest sustained loss and was not served notice, they may apply to the High Court which may order the Cabinet Secretary to pay compensation; however, no compensation is payable if the Court is satisfied the object would have been destroyed even if notice had been served.

Section 14. Compensation for destruction Section 14(1)(a) an object has been destroyed under section 12 or 13 ; Section 14(1)(b) he had an interest which was materially affected by the destruction; and Section 14(1)(b)(i) he had an interest which was materially affected by the destruction; and Section 14(1)(b)(ii) he sustained a loss as a result of the destruction; and Section 14(1)(c) notice was not served on the person under the section concerned (whether or not one was served on any other person. Section 14(2) The High Court, on application made by the person concerned and on finding his claim to be justified, may order the Cabinet Secretary to pay to the person such amount, if any, by way of compensation as the Court thinks just; Provided that, if the Court is satisfied that the object would have been destroyed even if notice had been served on the applicant under the section concerned, no compensation shall be payable under this section.

Section 14Verify source

§ 15SECURING THE DESTRUCTION OF ANTI-PERSONNEL MINES - 15. Offences relating to destruction, etcOffence

Section 15. Offences relating to destruction, etc Section 15(1)(a) on whom a notice has been served under section 10 in relation to an object that was in his possession at the time the notice was served; and Section 15(1)(b) who, without reasonable excuse, relinquishes possession of the object before the date specified under section 10 (2)(e), Section 15(2) A person who willfully obstructs any person acting, or attempting to act, in pursuance of any of the provisions of this Part commits an offence. Section 15(3)(a) interferes with a warning affixed under section 11 in relation to an object; or Section 15(3)(b) before the date specified in the warning, moves or interferes with the object, commits an offence. Section 15(4) A person who commits an offence under the provisions of this section shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both. Section 15(5) A person who knowingly makes a false or misleading statement in response to a copy of a notice served under any of the provisions of this Part commits an offence, and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both.

Section 15Verify source

Part IV

FACT-FINDING MISSIONS

§ 16FACT-FINDING MISSIONS - 16. Rights of entry, etc., for fact-finding missionsAmendment

The Cabinet Secretary may authorise fact-finding missions in Kenya; mission members are entitled to access, entry and inspection within a specified area; police may assist on request and may use reasonable force; courts may not challenge such authorisations before the mission concludes.

Section 16. Rights of entry, etc., for fact-finding missions Section 16(1) Where it is proposed that any of the functions of a fact-finding mission should be carried out in Kenya, the Cabinet Secretary may issue an authorisation under this section in respect of that mission. Section 16(2)(a) contain a description of the area of Kenya (in this section referred to as the "specified area") in which the fact-finding mission is to carry out functions; and Section 16(2)(b) state the names of the members of the mission. Section 16(3)(a) to exercise within the specified area such rights of access, entry and unobstructed inspection as are required for the purposes of the carrying out of the mission's functions under the Ottawa Convention; and Section 16(3)(b) to do such other things within that area in connection with the carrying out of the mission's functions as they are entitled to do by virtue of that Convention. Section 16(4) Such an authorisation shall, in addition, have the effect of authorising any member of the police force to give such assistance as any member of the fact-finding mission may request for the purpose of facilitating the carrying out of the functions of the mission in accordance with the Ottawa Convention. Section 16(5) Any member of the police force giving assistance in accordance with subsection (4) may use reasonable force for the purpose mentioned in that subsection. Section 16(6) The validity of any authorisation purporting to be issued under this section in respect of any fact-finding mission shall not be called in question in any court of law at any time before the conclusion of the carrying out of the mission's functions in Kenya. Section 16(7) Accordingly, where an authorisation purports to be issued under this section in respect of any fact-finding mission, no proceedings (of whatever nature) shall be brought at any time before the conclusion of the carrying out of the mission's functions in Kenya if those proceedings would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of the mission's functions. Section 16(8) If in any proceedings any question arises whether a person at any time was, or was not, a member of any fact-finding mission, a certificate issued by or under the authority of the Cabinet Secretary stating any fact relating to that question shall be conclusive evidence of that fact. Section 16(9)(a) from the time when the amendment is expressed to take effect this section shall apply as if the specified area were the area as varied; Section 16(9)(b) subsections (6) and (7) shall apply to the amendment in the same manner as they apply to the authorisation; and Section 16(9)(c) the Cabinet Secretary may issue further amendments varying the specified area, and in such a case paragraphs (a) and (b) shall apply.

Section 16Verify source

§ 17FACT-FINDING MISSIONS - 17. Offences in connection with fact-finding missionsOffence

It is an offence to willfully obstruct members of an authorised fact-finding mission or to knowingly make false or misleading statements to them; on conviction the offender may be fined up to five hundred thousand shillings or imprisoned for up to two years, or both.

Section 17. Offences in connection with fact-finding missions Section 17(1)(a) by a member of such a mission; or Section 17(1)(b) by a member of the police force assisting such a mission, Section 17(2) A person who willfully obstructs any member of an authorised fact-finding mission in the carrying out of the mission’s functions under the Ottawa Convention commits an offence. Section 17(3) A person who knowingly makes a false or misleading statement to any member of an authorised fact finding mission in the carrying out of the missions functions under the Ottawa convention commits an offence. Section 17(4) A person who commits an offence under this section shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 17Verify source

§ 18FACT-FINDING MISSIONS - 18. Privileges and immunities for fact-finding missionsProvision

Members of fact-finding missions are accorded immunities, privileges and exemptions (immunity from suit and legal process for acts in performance of functions under the Ottawa Convention; immunity from personal arrest or detention and inviolability for papers and documents as accorded to diplomatic agents; and similar exemptions for personal baggage), subject to waiver by the UN Secretary General and limited to carrying out mission functions in Kenya or while in transit in connection with those functions.

Section 18. Privileges and immunities for fact-finding missions Section 18(1)(a) immunity from suit and legal process in respect of things done or omitted to be done by them in the carrying out of their functions under the Ottawa Convention; Section 18(1)(b) the like immunity from personal arrest or detention and the like inviolability for all papers and documents as, in accordance with the Privileges and Immunities Act (Cap. 179), are accorded to a diplomatic agent; and Section 18(1)(c) the like exemptions and privileges in respect of their personal baggage as, in accordance with that Act, are accorded to a diplomatic agent. Section 18(2)(a) for the purpose of carrying out in Kenya any of the functions of the mission; or Section 18(2)(b) while in transit to or from a country or territory in connection with the carrying out, in that country or territory, of any of the functions of the mission. Section 18(3) If any of the immunities, privileges or exemptions accorded to a member of a fact-finding mission under this section is waived in any particular case by the Secretary General of the United Nations, this section shall have effect in that case as if it did not confer that immunity, privilege or exemption on that member of the mission. Section 18(4) If in any proceedings a question arises whether a person is or is not entitled to any immunity, privilege or exemption by virtue of this section, a certificate issued by or under the authority of the Cabinet Secretary stating any fact relating to that question shall be conclusive evidence of that fact.

Section 18Verify source

§ 19FACT-FINDING MISSIONS - 19. Administrative issuesProvision

The Cabinet Secretary must take administrative measures to arrange accommodation, transportation, security and related needs for the fact-finding mission while it is on Kenyan territory.

Section 19. Administrative issues Section The Cabinet Secretary shall take the necessary administrative measures for purposes of facilitating the accommodation, transportation, security and related needs of the fact-finding mission while on Kenyan territory.

Section 19Verify source

§ 20FACT-FINDING MISSIONS - 20. Reimbursement of expenditureProvision

The Cabinet Secretary may reimburse any person for expenditure incurred in carrying out the functions of a fact-finding mission.

Section 20. Reimbursement of expenditure Section The Cabinet Secretary may reimburse any person in respect of expenditure incurred in connection with the carrying out of the functions of a fact-finding mission.

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§ 21FACT-FINDING MISSIONS - 21. Delegation by Cabinet SecretaryProvision

The Cabinet Secretary may delegate functions and powers under this Act to senior officers (by name or office) except the power to make rules under section 29.

Section 21. Delegation by Cabinet Secretary Section 21(1) The Cabinet Secretary may delegate to any senior officer under the control, direction and supervision of the Cabinet Secretary, by name or office, any of the functions and powers imposed or conferred on the Cabinet Secretary under this Act except for the power to make rules under section 29 . Section 21(2) Any delegation under this section shall not prevent the Cabinet Secretary from personally exercising or performing such delegated function or power. Section 21(3)(a) be made subject to such conditions, limitations or restrictions as may be specified in the instrument of delegation; and Section 21(3)(b) be revoked or varied.

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Part V

INFORMATION AND RECORDS

§ 22INFORMATION AND RECORDS - 22. Information and records for Ottawa convention purposesOffence

Section 22. Information and records for Ottawa convention purposes Section 22(1) The Cabinet Secretary may, by notice require a person to give, in a prescribed form and within a reasonable period specified in the notice, such information as may be so specified, being information which the Cabinet Secretary has reasonable grounds to believe is or will be needed in connection with anything to be done for the purposes of the Ottawa Convention. Section 22(2) Information required by a notice under subsection (1) may relate to a state of affairs subsisting before or after the coming into force of this Act or of the Ottawa Convention. Section 22(3) The Cabinet Secretary may, by notice require a person to keep such records as may be specified in the notice, being records which the Cabinet Secretary has reasonable cause to believe will facilitate the giving of information which that person may at any time be required to give under subsection (1). Section 22(4) A person who does not comply with a notice given under this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or both. Section 22(5) A person on whom a notice is served under subsection (1) and who makes a false or misleading statement in response to it commits an offence, and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment, for a term not exceeding two years, or both.

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§ 23INFORMATION AND RECORDS - 23. Power to search and obtain evidenceOffence

Obstructing someone exercising a warrant under this section is an offence punishable by a fine up to 500,000 shillings or imprisonment up to two years, or both.

Section 23. Power to search and obtain evidence Section 23(1)(a) that an offence under this Act is being, has been or is about to be committed on any premises; or Section 23(1)(b) that evidence of the commission of such an offence is to be found on the premises, Section 23(2)(a) inspect any document found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Act; Section 23(2)(b) take copies of, or seize and remove, any such document; Section 23(2)(c) inspect, seize and remove any device or equipment found on the premises which he has reasonable cause to believe may be required as such evidence; and Section 23(2)(d) inspect, sample, seize and remove any substance found on the premises which he has reasonable cause to believe may be required as such evidence. Section 23(3)(a) under the authority of a warrant; or Section 23(3)(b) by virtue of subsection (2)(a), Section 23(4) A person who willfully obstructs another in the exercise of any power conferred by a warrant under this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both.

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§ 24INFORMATION AND RECORDS - 24. Disclosure of informationOffence

Persons must not disclose information covered by this section except in specified circumstances; unauthorized disclosure is an offence punishable by a fine up to five hundred thousand shillings or imprisonment up to two years, or both.

Section 24. Disclosure of information Section 24(1)(a) was obtained under, or in connection with anything done under, this Act or the Ottawa Convention; and Section 24(1)(b) relates to a particular business or other activity carried on by any person. Section 24(2)(a) with the consent of the person for the time being carrying on the business or activity; Section 24(2)(b) in connection with anything done for the purposes of the Ottawa Convention; Section 24(2)(c) in connection with anything done for the purposes of this Act; Section 24(2)(d) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings; Section 24(2)(e) in connection with the enforcement of any restriction on imports or exports; or; Section 24(2)(f) with a view to ensuring the security of Kenya. Section 24(3) A person who discloses information in contravention of this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both. Section 24(4) Nothing in this or any other Act or law shall be deemed to prevent a disclosure of any information to which this section applies if it is made in circumstances mentioned in any of paragraphs (b) to (f) of subsection (2).

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Part VI

MISCELLANEOUS PROVISIONS

§ 25MISCELLANEOUS PROVISIONS - 25. Customs and Excise prosecutionsCommencement

Prosecutions may be brought for moving, or proposing or attempting to move, a prohibited object into or out of any country or territory; proceedings should be commenced in the name of an officer authorised by the Commissioner of Customs and, if that officer dies, is removed, discharged or absent, another officer authorised by the Commissioner may continue them.

Section 25. Customs and Excise prosecutions Section 25(1)(a) the movement of a prohibited object into or out of any country or territory; or Section 25(1)(b) any proposal or attempt to move a prohibited object into or out of any country or territory, Section 25(2) Any proceedings instituted under subsection (1) should be commenced in the name of an officer authorised by the Commissioner of Customs for the purpose. Section 25(3) In the case of the death, removal, discharge or absence of the officer in whose name any such proceedings were commenced, those proceedings may be continued by another officer authorised by the Commissioner.

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§ 26MISCELLANEOUS PROVISIONS - 26. Forfeiture in case of convictionOffence

The court may order that anything relating to an offence be forfeited and destroyed or otherwise dealt with; the Cabinet Secretary has power to direct destruction or other disposal when so declared; a person claiming an interest may apply to be heard.

Section 26. Forfeiture in case of conviction Section 26(1) The court may order that anything shown to the court's satisfaction to relate to the offence shall be forfeited and thereupon destroyed or otherwise dealt with in such manner as is specified in the order. Section 26(2) In particular, the court may declare that the thing is to be dealt with as the Cabinet Secretary may see fit; and in such a case, the powers of the Cabinet Secretary shall include power to direct the destruction of that thing or to secure its dispoal in any other way that appears to him appropriate. Section 26(3)(a) the court proposes to declare anything to be forfeited under this section; and Section 26(3)(b) a person claiming to have an interest in it applies to be heard by the court,

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§ 27MISCELLANEOUS PROVISIONS - 27. Offences by bodies corporate etc.Offence

Section 27 lists persons (a director, manager, secretary or other officer of the body corporate, or any person purporting to act in such capacity) in relation to offences by bodies corporate.

Section 27. Offences by bodies corporate etc. Section 27(1)(a) a director, manager, secretary or other officer of the body corporate; or Section 27(1)(b) any person who was purporting to act in any such capacity, Section 27(2) In subsection (1), "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

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§ 28MISCELLANEOUS PROVISIONS - 28. Warrants and authorisationsProvision

People acting under an authorisation or warrant may bring necessary persons and equipment; powers given by such authorisations or warrants are exercisable only in the presence of a police officer if the authorisation or warrant so provides.

Section 28. Warrants and authorisations Section 28(1) A person acting under an authorisation or warrant under this Act may take with him such other persons and such equipment as appear to him to be necessary. Section 28(2) If the authorisation or warrant so provides, the powers conferred on any person by an authorisation or warrant under this Act shall be exercisable only in the presence of a member of the police force. Section 28(3)(a) in relation to which it is proposed to exercise a right of entry in reliance on an authorisation or warrant under this Act; or Section 28(3)(b) on which an inspection is being carried out in reliance on such an authorisation or warrant,

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§ 29MISCELLANEOUS PROVISIONS - 29. RulesProvision

The Cabinet Secretary may make rules, not inconsistent with this Act, that are necessary or expedient for carrying out or giving effect to this Act.

Section 29. Rules Section The Cabinet Secretary may make such rules, not inconsistent with this Act, as may be necessary or expedient for carrying out or giving effect to this Act.

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Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Act Section The purpose of the Act
Section 4
Anti-Personnel Mines Act
Section 1
Convention Section 3(1) makes the Convention in the Schedule part of Kenyan law subject to the Act
Section 3

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31 Dec 2022 · currentEnglish

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