ADVOKS GLOBAL · KENYA
Energy Act
22. Powers of committees or agents
Edition: 2022-12-31 · In force
22. Powers of committees or agents
(1)Subject to any other written law, a committee member, officer, employee or agent appointed under section 21 may, upon production of evidence of appointment to any person reasonably requiring it, for the purposes of this Act—(a)enter upon any premises at which any undertaking is carried out or an offence under this Act is or is suspected to have been committed;(b)inspect and test any process, installation, works or other operation which is or appears likely to be carried out in those premises;(c)be accompanied by a police officer if there is a reason to believe that any serious obstruction may occur;(d)require from any person the production of any book, notice, record, list or other document which appears to the committee, officer, employee or agent to have relevance to the inspection or inquiry, which is in the possession or custody or under the control of that person or of any other person on that committee's or agent's behalf;(e)examine and copy any part of any book, notice, record, list or other document which appears to have relevance to the inspections or inquiry, and require any person to give an explanation of any entry therein, and take possession of any such book, notice, record, list or other document as the committee, officer, employee or agent believes may afford evidence of an offence under this Act;(f)require information relevant to the committee, officer, employee or agent's inspection or inquiry from any person whom the committee, officer, employee or agent has reasonable grounds to believe is or has been employed at any such premises or to have in that person's possession or custody or under the person's control any article referred to in this subsection; or(g)exercise such other powers as may be necessary in connection with the inspection or inquiry and other powers of his appointment under section 21.(2)A committee, member, officer, employee or agent entering any premises under this section may be accompanied by such persons as the committee, officer, employee or agent deems necessary and may enter with such equipment as may be necessary for the performance of their functions.(3)Where—(a)the premises to which this section relates are unoccupied;(b)the owner, occupier or person in charge thereof is temporarily absent; or(c)entry thereon is refused or obstructed;the committee, officer, employee or agent may use such force as is reasonably necessary to effect entry:Provided that in the case of an entry under paragraph (a) or (b)—(i)reasonable steps shall be taken prior to entry by the committee, officer, employee or agent to find the owner, occupier or person in charge of the premises to be entered; and(ii)the premises shall be left by the committee, officer, employee or agent as effectively secured against trespassers as they were found.(4)Where it is suspected that an undertaking is being carried contrary to any licence, permit or regulations issued under this Act, an officer or agent of the Authority may, in the course of his duty, lock up, seal, mark or otherwise secure—(a)any building, room, place, receptacle or item of plant;(b)any goods or materials in a factory; or(c)aircraft, vessels, vehicles or containers.(5)A person who, unless authorized, opens, breaks, alters or in any way interferes with a lock, seal, mark or other fastening placed by a committee, officer, employee or agent in accordance with the provisions of this section on any building, room, place, receptacle, item of plant, goods, or materials, commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both.(6)A person who resists, hinders or obstructs any committee, officer, employee or agent acting in the course of the committee's or agent's duty under this section or who wilfully fails to comply with any requirements lawfully made thereunder commits an offence and shall, on conviction, be liable to a fine of not exceeding one hundred thousand shillings for each day or part thereof that the obstruction occurs.