[Rev. 2018]
Kenya Information and Communications
No. 2 of 1998
the event of his death, of the person in whose possession such property may be
or who may be occupying such premises, as soon as practicable, to deliver such
property to the Commission or to vacate such premises.
(2) If any property or premises to which subsection (1) refers, is not delivered to
the Commission or vacated, the Director-General shall give notice in writing to the
person appearing to him to be in possession of such property or in occupation of
such premises to deliver to the Commission such property or vacate such premises
within such time as may be specified in the notice and if such property is not
so delivered or such premises are not so vacated within such time, the DirectorGeneral may, without prejudice to any other means of recovery, apply to a Resident
Magistrate for an order empowering a police officer to enter and search any house
or building where such property is believed to be and to deliver such property, if
found, to the Commission or, as the case may require, to evict from such premises
any person found therein.
98. Limitation of actions
Where any action or other legal proceeding is commenced against the
Commission for any act done in pursuance or execution, or intended execution of
this Act or of any public duty or authority, or in respect of any alleged neglect or
default in the execution of this Act or of any such duty or authority, the following
provisions shall have effect—
(a) the action or legal proceeding shall not be commenced against the
Commission until at least one month after written notice containing
the particulars of the claim, and of intention to commence the action
or legal proceedings, has been served upon the Director-General by
the plaintiff or his agent;
(b) the action of legal proceeding shall not lie or be instituted unless it
is commenced within twelve months of the act, neglect or default
complained of or, in the case of a continuing injury or damage, within
six months next after the cessation thereof.
99. Restriction on execution against property of Commission
Notwithstanding anything to the contrary in any law—
(a) where any judgement or order has been obtained against the
Commission no execution or attachment, or process in the nature
thereof, shall be issued against the Commission or against any
property of the Commission, but the Director-General shall, without
delay, cause to be paid out of the revenue of the Commission such
amounts as may, by the judgement or order, be awarded against the
Commission to the person entitled thereto;
(b) no property of the Commission shall be seized or taken by any person
having by law power to attach or restrain property without the previous
written permission of the Director-General.
100. Service of notice, etc., on Director-General
Any notice or other document required or authorised under this Act to be served
on the Commission may be served—
(a) by delivering of the notice or other documents to the Director-General
or to any other authorised employee of the Commission; or
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