ADVOKS GLOBAL · KENYA
National Police Service Act
60. Power to search without warrant in special circumstances
Edition: 2023-09-15 · In force
60. Power to search without warrant in special circumstances
(1)When a police officer in charge of a police station, or a police officer investigating an alleged offence, has reasonable grounds to believe that something was used in the commission of a crime, is likely to be found in any place and that the delay occasioned by obtaining a search warrant under section 118 of the Criminal Procedure Code(Cap. 75) will in his opinion substantially prejudice such investigation, he may, after recording in writing the grounds of his belief and such description as is available to him of the thing for which search is to be made, without such warrant, enter any premises in or on which he or she suspects the thing to be and search or cause search to be made for, and take possession of such thing.(2)Sections 119, 120 and 121 of the Criminal Procedure Code (Cap. 75) as to die execution of search warrant, and the provisions of that Code as to searches shall apply to a search without a warrant under this section.(3)For purposes of conducting a search under this section—(a)the officer shall carry with him, and produce to the occupier of the premises on request by him, the officer's certificate of appointment;(b)if anything is seized under subsection (1), the police officer shall immediately make a record describing anything so seized, and without undue delay take or cause it to be taken before a magistrate within whose jurisdiction the thing was found, to be dealt with according to the law.