[Rev. 2022]
(5) (a)
(b)
Public Order
CAP. 56
This section shall apply to such areas, and during such hours, as the
Cabinet Secretary may, by notice in the Gazette, declare.
A notice under this section may apply the section during different
hours in respect of different areas.
[Act No. 10 of 1958, ss. 1, 2 and 3, Act No. 23 of 1960, ss. 2, 3 and 4, Act No. 19 of 2014, s. 6.]
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[Repealed by Act No. 19 of 2014, s. 7.]
13. Award of compensation to sufferers from misconduct of inhabitants of
area declared under section 106 of Cap. 84
(1) If in any area, in regard to which any declaration issued under section 106 of
the National Police Service Act (Cap. 84) is in force, death or grievous harm, or loss
of or damage to property has been caused by, or has ensued from, the misconduct
of the inhabitants of such area, or of any class or section of such inhabitants,
any person who claims to have suffered loss, damage or injury by reason of such
misconduct may, within one month from the date of such loss, damage or injury,
make an application for compensation to a magistrate appointed under the said
section or, where no magistrate has been so appointed, to a magistrate having
jurisdiction within the district in which the declared area is situated.
(2) Upon receipt of any such claim, the Magistrate may, after such inquiry
as he may consider necessary, and whether or not any additional police officers
have been stationed in the declared area under section 106 of the National Police
Service Act (Cap. 84)—
(a) assess the amount of compensation, if any, to be paid to such person
or persons as he may determine;
(b) determine the manner, and proportions, in which such compensation
shall be distributed;
(c) assess the proportions in which such compensation shall be paid by
the inhabitants of the declared area; and
(d) order the payment of such compensation:
Provided that the Magistrate—
(i) shall not make any assessment or order under the provisions of this
subsection, unless he is of opinion that such loss, damage or injury
has arisen from a riot or an unlawful assembly within the declared
area, and that the person who suffered such loss, damage or injury
was himself free from blame in respect of the events which led to such
loss, damage or injury; and
(ii) shall, in making any assessment under paragraph (c) of this
subsection, have regard to the means of the persons ordered to pay
compensation.
(3) Before holding any inquiry under subsection (2) of this section, the
Magistrate shall give notice, either generally with reference to the declared area or
particularly with reference to any specified premises, property or person, stating—
(a) the time and place at which he proposes to hold his inquiry; and
(b) the manner in which any claims for compensation, and any objections
thereto and to the payment of compensation, shall be presented to
him.
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