ADVOKS GLOBAL · KENYA
Prohibition of Anti-Personnel Mines Act
12. Power to destroy removed objects
Edition: 2022-12-31 · In force
12. Power to destroy removed objects
(1)This section applies if an object is removed from premises under section 11, and for the purposes of this section—(a)the first six-month period is the period of six months beginning with the day after the removal; and(b)the second six-month period is the period of six months beginning with the day after the first six-month period ends.(2)If, at any time in the first six-month period—(a)any person appears to the Cabinet Secretary to have had the object in his possession immediately before its removal; or(b)any other person appears to the Cabinet Secretary to have an interest which the Cabinet Secretary believes would be materially affected by the object’s destruction, the Cabinet Secretary shall serve on that person a notice under this section.(3)A notice under this section shall—(a)describe the object and state its location;(b)state that the Cabinet Secretary proposes to secure its destruction and give the reasons for his proposal;(c)state that the person on whom the notice is served may object to the Cabinet Secretary's proposal; and(d)state that any such objection—(i)shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and(ii)shall show cause why the object should not be destroyed.(4)Subject to subsection (5), the Cabinet Secretary may, at any time in the second six-month period, authorise a person to destroy the object.(5)No action shall be taken under subsection (4) unless the Cabinet Secretary has—(a)afforded any person on whom a notice under this section has been served an opportunity to respond within the period allowed by the notice; and(b)taken into account any objections made to the proposal to destroy the object, whether made in response to a notice or otherwise.(6)If any object is removed from premises under section 11 and destroyed under this section, the Cabinet Secretary may recover from any person who had possession of the object immediately before its removal any costs reasonably incurred by the Cabinet Secretary in connection with the removal and destruction.(7)If—(a)an object is removed from premises under section 11;(b)at the end of the second six-month period, the Cabinet Secretary has not authorized the destruction of the object; and(c)a person had possession of the object immediately before its removal,the Cabinet Secretary shall return the object to the person mentioned in paragraph (c) or, if there is more than one, to the person the Cabinet Secretary thinks appropriate.