ADVOKS GLOBAL · KENYA
Prohibition of Anti-Personnel Mines Act
16. Rights of entry, etc., for fact-finding missions
Edition: 2022-12-31 · In force
16. Rights of entry, etc., for fact-finding missions
(1)Where it is proposed that any of the functions of a fact-finding mission should be carried out in Kenya, the Cabinet Secretary may issue an authorisation under this section in respect of that mission.(2)An authorisation under this section shall—(a)contain a description of the area of Kenya (in this section referred to as the "specified area") in which the fact-finding mission is to carry out functions; and(b)state the names of the members of the mission.(3)Such an authorisation shall have the effect of authorising the members of the fact-finding mission—(a)to exercise within the specified area such rights of access, entry and unobstructed inspection as are required for the purposes of the carrying out of the mission's functions under the Ottawa Convention; and(b)to do such other things within that area in connection with the carrying out of the mission's functions as they are entitled to do by virtue of that Convention.(4)Such an authorisation shall, in addition, have the effect of authorising any member of the police force to give such assistance as any member of the fact-finding mission may request for the purpose of facilitating the carrying out of the functions of the mission in accordance with the Ottawa Convention.(5)Any member of the police force giving assistance in accordance with subsection (4) may use reasonable force for the purpose mentioned in that subsection.(6)The validity of any authorisation purporting to be issued under this section in respect of any fact-finding mission shall not be called in question in any court of law at any time before the conclusion of the carrying out of the mission's functions in Kenya.(7)Accordingly, where an authorisation purports to be issued under this section in respect of any fact-finding mission, no proceedings (of whatever nature) shall be brought at any time before the conclusion of the carrying out of the mission's functions in Kenya if those proceedings would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of the mission's functions.(8)If in any proceedings any question arises whether a person at any time was, or was not, a member of any fact-finding mission, a certificate issued by or under the authority of the Cabinet Secretary stating any fact relating to that question shall be conclusive evidence of that fact.(9)If an authorisation is issued under this section, the Cabinet Secretary may issue an amendment varying the specified area, and—(a)from the time when the amendment is expressed to take effect this section shall apply as if the specified area were the area as varied;(b)subsections (6) and (7) shall apply to the amendment in the same manner as they apply to the authorisation; and(c)the Cabinet Secretary may issue further amendments varying the specified area, and in such a case paragraphs (a) and (b) shall apply.