ADVOKS GLOBAL · KENYA
Occupational Safety and Health Act
116. Prosecution of offences
Edition: 2022-12-31 · In force
116. Prosecution of offences
(1)All offences under this Act shall be prosecuted, and all fines under this Act shall be recovered in a magistrate’s court.(2)In any proceedings under this Act, it shall be sufficient in the charge or information to allege that the workplace is a workplace within the meaning of this Act and to state the name of the ostensible occupier of the workplace or, where the occupier is a firm, the title of the firm; and the burden of proving that the premises are not a workplace, or that the occupier specified in the charge or information is not the occupier of the workplace, shall lie upon the person alleging such fact.(3)Where any offence is committed under this Act by reason of a failure to carry out an examination, make a report or do any other thing at or within a time specified by this Act, the offence shall be deemed to continue until the examination is carried out or the report made, or the other thing done, as the case may be.