[Rev. 2018]
Kenya Information and Communications
No. 2 of 1998
(3) Where under this section a person is authorised to examine and
test any telecommunication system or telecommunication apparatus or radio
communication apparatus on any premises or in any vessel, aircraft or vehicle, it
shall be the duty of any person who is on the premises, or is in charge of, or in
attendance on, the vessel, aircraft or vehicle, to give such authorised person such
assistance as he may reasonably require in the examination or testing of such
station or such apparatus.
(4) Any person who—
(a) obstructs any authorised person in the exercise of the powers
conferred on him under this section; or
(b) fails or refuses to give to any such authorised person any assistance
which he is, under this section, under a duty to give to him; or
(c) discloses, otherwise than for the purpose of this Act or any report of
proceedings thereunder, any information by means of the exercise
of powers under this Act, being information with regard to any
manufacturing process or trade secret,
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 three
years, or to both.
(5) For purposes of this section “court” means a Resident Magistrate’s Court.
90. Seizure of apparatus, article or other property
(1) A search warrant granted under section 89 may authorise the person
or persons named in it to seize and detain, for the purposes of any relevant
proceedings, any radio communication apparatus, telecommunication apparatus,
article or other thing found in the course of the search carried out in pursuance of
the warrant which appears to have been used in connection with or to be evidence
of the commission of any offence under this Act.
(2) If a police officer or any person authorised by a warrant to exercise the
power conferred under this section has reasonable grounds to suspect that an
offence under this Act has been or is being committed, he may seize and detain,
for the purposes of any relevant proceedings, any radio communication apparatus,
telecommunication apparatus article or other thing which appears to have been
used in connection with or to be evidence of the commission of any such offence.
(3) Nothing in this section shall prejudice any power to seize or detain property
which is exercisable by a police officer under the Police Act (Cap. 84).
(4) Any person who intentionally obstructs the authorised person in the exercise
of the power conferred on him under subsection (2) commits an offence and shall
be liable on conviction to a fine not exceeding one hundred thousand shillings, or
to imprisonment for a term not exceeding one year, or to both.
[Act No. 41A of 2013, s. 35.]
91. Forfeiture of property used in commission of offence
(1) Where a person is convicted of an offence under this Act for the
contravening of any of the provisions relating to any radio communication station
or telecommunication system, or any radio communication apparatus, or any
telecommunication apparatus, or in the use of any apparatus for the purpose
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