No. 12
Media Services
2016
publication, he took such measures to verify the accuracy
of such a statement, rumor or report and that such
verification lead him to reasonably believe that the
publication was true.
Offences by
corporation,
societies, etc
55.-(1) Where any offence under this Act or any
subsidiary legislation made hereunder is committed by a
company or other body corporate, or by a society,
association or body of persons then, every person who, at
the time of the commission of the offence, was concerned,
as a director or an officer with the management of the
affairs or activities of such company or other body
corporate, or society, association or body of persons, shall
be deem to have committed the offence and be liable to be
proceeded against and punished accordingly, unless he
proves to the satisfaction of the court that he had no
knowledge, and could not by the exercise of reasonable
diligence have had knowledge of the commission of the
offence.
(2) Notwithstanding any other provision under this
Act, in the event the offence is determined to be an offence
by a company or other body corporate, or by a society,
association or body of persons, such company, other body
corporate, society, association or body of persons shall, on
conviction, be liable to a fine of not less than fifteen
million shillings but not exceeding twenty five million
shillings.
Liability of
employer or
principal
56. Where an offence under this Act or under any
subsidiary legislation made hereunder is committed by a
person as an agent or employee, then, as well as the agent
or employee, the principal or employer under whom the
offence was committed shall be deemed to have committed
the offence and be proceeded against and punished
accordingly, except that, the principal or employer shall
not be liable where he proves to the satisfaction of the
court that he had no knowledge, and could not by the
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