ADVOKS GLOBAL · KENYA
Prohibition of Anti-Personnel Mines Act
11. Power to remove or immobilise objects
Edition: 2022-12-31 · In force
11. Power to remove or immobilise objects
(1)Where the Cabinet Secretary has reasonable grounds to suspect—(a)that a prohibited object is on any premises; and(b)that none, or not all, of the persons in possession of the object are persons whose possession of the object is authorised by section 8,he may, with the consent of the occupier of the premises, by instrument in writing authorise a person to enter the premises and to search them:Provided that the consent of the occupier shall not be necessary in relation to premises to which the public has access.(2)A judge or magistrate who is satisfied, on information on oath, that there are reasonable grounds to believe—(a)that a prohibited object is on any premises; and(b)that none, or not all, of the persons in possession of the object are persons whose possession of it is authorised by section 8,may issue a warrant in writing authorising a person acting under the authority of the Cabinet Secretary to enter the premises, if necessary by force, at any time within one month from the time of issue of the warrant and to search the premises.(3)Subject to subsection (4), if a person enters premises under an authorisation or warrant under this section and a prohibited object is found there, he may make the object safe and—(a)may seize and remove it if it is reasonably practicable to do so; or(b)may, in any case, affix a warning to the object, or in a conspicuous position to something near the object, stating that the object is not to be moved or interfered with before the date specified in the warning.(4)A person shall not exercise the powers conferred by subsection (3) if he is satisfied that the only persons in possession of the object are persons whose possessions of it is authorised by section 8.(5)For the purposes of subsection (3), an object is made safe if, without being destroyed, it is prevented from being an immediate danger (by the disconnection of a detonator or otherwise).(6)This section applies whether or not a notice under section 10 has been served on any person.