ADVOKS GLOBAL · KENYA
Penal Code
54. Seizure and disposal of prohibited publications
Edition: 2023-12-11 · In force
54. Seizure and disposal of prohibited publications
(1)Any police officer or administrative officer may seize and detain any prohibited publication which he finds in circumstances which raise a reasonable presumption that an offence under this Act has been, is being or is intended to be committed in relation thereto, or which he finds abandoned or without an apparent owner or possessor or in the possession or custody of any unauthorized person.(2)(a)Any—(i)officer of the Kenya Posts and Telecommunications Corporation authorized in that behalf, whether personally or by reference to a class to which such officer belongs, by the managing director;(ii)officer of the Customs and Excise Department authorized in that behalf, whether personally or by reference to a class to which such officer belongs, by the Commissioner of Customs and Excise;(iii)police officer not below the rank of Assistant Inspector; and(iv)any other officer authorized in that behalf, whether personally or by reference to a class to which the officer belongs, by the Cabinet Secretary,may detain, open and examine any article or package which he suspects to contain any prohibited publication, and during the examination may detain any person importing, distributing or posting the article or package or in whose possession the article or package is found.(b)If any prohibited publication is found in any such article or package as aforesaid, the whole article or package may be impounded and retained by the officer, and the person importing, distributing or posting it or in whose possession it was found may be arrested by the officer and delivered to and detained in police custody to be dealt with according to law.(3)Any prohibited publication which is seized or detained as aforesaid, or which in any other manner comes into the possession or custody of any court or any public officer, shall be forfeited and may be destroyed or otherwise disposed of, as may be directed by such court or by the Inspector-General of Police, as the case may be.[Act No. 54 of 1960, s. 11, L.N. 427/1963, Act No. 24 of 1967, Sch., Act No. 29 of 1968, s. 7.]