ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
174. Validity and procedure for certificate
Edition: 2026-07-10 · In force
174. Validity and procedure for certificate
(1)Unless the contrary is proved, a document purporting to be a certificate issued under section 175 shall be deemed to be such a certificate and to have been duly issued.(2)Where a certificate is served on a defendant seven or more days before its production in court in any proceedings under this Act, the certificate shall, unless the contrary is proved, be sufficient evidence of all the facts averred in it.(3)Where a certificate is served upon a defendant fourteen or more days before its production in court and the defendant does not, within seven days of the date of service, serve notice of objection in writing on the prosecutor, then the certificate shall, unless the Court finds the defendant is unduly prejudiced by any failure to object, be conclusive proof of all the facts averred in it.(4)Where any objection is notified under subsection (3) the certificate shall, unless the contrary is proved, be sufficient evidence of all the facts averred in it.(5)Any certificate shall be titled "Certificate made under section 175, Fisheries Management and Development Act" and no such certificate may be used as conclusive proof of the facts averred therein unless it is served with a copy of sections 175 and 177 of this Act.(6)Any omission from or mistake made in any certificate issued under section 175 shall not render it invalid unless the Court considers such omission or mistake is material to any issue in the proceedings concerned, or the defendant is unduly prejudiced by it.(7)Where in any proceedings a certificate made under section 175 is produced to the Court, the prosecution shall not be obliged to call the maker of the certificate and the Court shall, where material, rely on the facts therein unless the contrary is proved.(8)In this section "certificate" means a certificate issued under section 175.