[Rev. 2014]
Copyright
CAP. 130
(4) Any person who—
(a) wilfully obstructs an inspector in the discharge of the inspector’s
duties; or
(b) wilfully fails to comply with any requirement properly made to him by
an inspector; or
(c) without reasonable cause fails to give to the inspector any assistance
or information which the inspector may reasonably require of that
person for the purpose of the performance of his duties under this
Act; or
(d) in giving any such information as is mentioned in paragraph (c), makes
any statement which he knows to be false or does not believe to be
true,
shall be guilty of an offence and shall be liable to a fine not exceeding twenty
thousand shillings or to imprisonment for a term not exceeding six months or to
both.
42. Powers of arrest
A police officer may arrest, without a warrant, any person suspected, upon
reasonable grounds, of having committed an offence under this Act, and any officer
of the Board who at the time is wearing a visible badge of office and authorized
thereto in writing by the Board, may arrest, without warrant, any person, who, in his
presence, commits any such offence, and may detain such person until that person
can be delivered into the custody of a police officer to be dealt with according to law:
Provided that a person shall not be arrested or detained without warrant unless
reasonable grounds exist for believing that, except by such arrest, the person may
not be found or made answerable to justice without unreasonable delay, trouble
or expense.
[Act No. 10 of 2010, s. 77, Act No. 12 of 2012, Sch.]
43. Conduct of prosecution
(1) The Attorney-General may, pursuant to the provisions of the Criminal
Procedure Code (Cap. 75), appoint public prosecutors for the purposes of cases
arising under this Act.
(2) The Board shall, for the purposes of section 171(4) of the Criminal
Procedure Code (Cap. 75), be deemed to be a public authority.
44. Inspectors not personally liable for acts done under this Act
An inspector shall not be personally liable in respect of any act done in good
faith by him in the course of his employment and in the execution or purported
execution of any duty under this Act.
PART VI – PUBLIC DOMAIN
45. Works in the public domain
(1) The following works shall belong to the public domain—
(a) works whose terms of protection have expired;
(b) works in respect of which authors have renounced their rights; and
(c) foreign works which do not enjoy protection in Kenya.
C40 - 29
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