ADVOKS GLOBAL · KENYA
Prohibition of Anti-Personnel Mines Act
13. Power to enter premises and destroy objects
Edition: 2022-12-31 · In force
13. Power to enter premises and destroy objects
(1)This section applies where a warning has been affixed under section 11, and for the purposes of this section—(a)the first six months of the warning is the period of six months beginning with the day after the warning was affixed; and(b)the second six months of the warning is the period of six months beginning with the day after the first six months of the warning ends.(2)lf at any time in the first six months of the warning the Cabinet Secretary has reasonable grounds to believe that—(a)any person had the prohibited object in his possession immediately before the warning was affixed; or(b)any other person has an interest which 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 state why the object should not be destroyed.(4)Subject to subsection (6), the Cabinet Secretary may, at any time within the second six months of the warning, with the consent of the occupier of the premises where the object is believed to be located, authorise a person to enter the premises and to destroy the object:Provided that the consent of the occupier shall not be necessary in relation to premises to which the public have access.(5)A judge or magistrate who is satisfied, on information on oath—(a)that an object in respect of which a warning has been affixed under section 11 is on any premises;(b)that the Cabinet Secretary has decided, within the second six months of the warning, that the object should be destroyed; and(c)that the requirements of subsection (6) have been complied with,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 the issue of the warrant and to destroy the object if it is found there.(6)No action shall be taken under subsection (4) or (5) 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 to the object’s proposed destruction, whether made in response to a notice or otherwise.(7)Where an object is destroyed under this section the Cabinet Secretary may recover, from any person who had possession of the object immediately before the warning was affixed under section 11, any costs reasonably incurred by the Cabinet Secretary in connection with the destruction.