No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
of interfering with any radio communication or telecommunication, or uses any
article or property for disrupting the postal services in contravention of any of the
provisions of this Act, the court may, in addition to any other penalty, order all or
any of the apparatus of the telecommunication system, the radio communication
station or any such other apparatus, or article or property in connection with which
the offence was committed, to be forfeited to the commission:
Provided that the provisions of this subsection shall not apply to radio
communication apparatus not designed or adapted for transmission (as opposed
to reception).
(2) The court by which any such apparatus, article or property is ordered to
be forfeited under this section may also order the person, by whom the offence
giving rise to the forfeiture was committed, not to dispose of that apparatus, article
or property except by delivering it to the Commission within such period as the
court may deem fit.
(3) If a person against whom an order is made under subsection (2)
contravenes that order or fails to deliver such apparatus, article or property to
the commission as required, he shall be guilty of a further offence which, for the
purpose of determining the appropriate penalty shall be treated as an offence under
the same provision as the offence for which the forfeiture was ordered.
92. Disposal of property seized under section 90
(1) Any property seized by a person authorised by a warrant under section 89
may be detained—
(a) until the end of the period of six months from the date of the seizure; or
(b) if proceedings in respect of an offence involving that property are
instituted within that period, until the conclusion of those proceedings,
or such shorter periods as the court may order.
(2) After the end of the period for which its detention is authorised by virtue of
subsection (1) above, any such property which—
(a) remains in the possession of the Commission; and
(b) has not been ordered to be forfeited under section 91,
shall be dealt with in accordance with the following provisions of this section.
(4) The Commission shall take reasonable steps to deliver the property to the
person who, in the opinion of the Commission, is the owner of that property and
such owner shall indemnify the Commission against any claims that may arise
under subsection (5).
(5) Where the property remains in the possession of the Commission after the
end of the period of one year immediately following the end of the period for which
its detention is authorised under subsection (1), the Commission may dispose of
it in such manner as it thinks fit.
(6) The delivery of the property in accordance with subsection (3) to any person
appearing to the Commission to be its owner shall not affect the right of any other
person to take legal proceedings against the person to whom it is delivered or
against anyone subsequently in possession of the property for the recovery of that
property.
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