No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
services to the public, the Commission may apply to the Commissioner of Lands
to acquire the land on behalf of the telecommunication operator.
(2)
Upon application by the Commission under subsection (1), the
Commissioner of Lands may, if satisfied that it is in the public interest to do so,
acquire the land in accordance with the provisions of the Land Acquisition Act (Cap.
301).
(3) Where land is acquired on behalf of a telecommunication operator under
subsection (2), such operator shall bear all costs in relation thereto.
88. Deleted by Act No. 6 of 2009, Sch.
89. Entry and search of premises, etc.
(1) If a court is satisfied by information on oath that there is reasonable ground
for suspecting that an offence under the provisions of this Act has been or is being
committed, and that the evidence of the commission of the offence is to be found
on any premises specified in the information, or in any vehicle, vessel or aircraft
so specified, it may grant a search warrant, authorising any person or persons
authorised in that behalf by the Commission and named in the warrant, with any
police officer, to enter, at any time within one month from the date of the warrant,
the premises specified in the information or, as the case may be, the vehicle, vessel
or aircraft so specified and to search such premises, vehicle, vessel or aircraft, and
to examine and test any station or apparatus or obtain any article or thing found in
such premises, vessel, vehicle or aircraft.
(2) If a court is satisfied that—
(a) it is necessary to enter any specified premises, vessel, aircraft or
vehicle, for the purpose of obtaining such information which will
enable the Commission to gather necessary evidence in accordance
with the provision of subsection (1);
(b) access to such premises, vessel, aircraft or vehicle for the purpose of
obtaining such evidence as aforesaid has, within seven days before
the date of the application to the court, been sought by a person duly
authorised in that behalf by the Commission and has been denied,
the court may grant written authorisation under its hand and seal empowering any
person or persons authorised in that behalf by the Commission and named in the
authorisation, with any police officer, to enter and search the premises or as the
case may be, the vessel, aircraft or vehicle with a view to discovering whether any
station, apparatus, article or thing as aforesaid is situate thereon, and to examine
and test it with a view to obtaining such information as aforesaid:
Provided that an authorisation shall not be issued under this subsection unless
either—
(i) it is shown to the court that the Commission is satisfied that there
are reasonable grounds for believing that the use of the station
or apparatus in question is likely to cause undue interference with
any radio communication used for the purposes of any safety-of-lifeservice or any purpose on which the safety of any person or of any
vessel, aircraft or vehicle may depend; or
(ii) it is shown to the court that not less that seven days’ notice of the
demand for access was served on the owner or occupier of the
premises, or the person in possession or in charge of the vessel,
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