ADVOKS GLOBAL · KENYA
Prohibition of Anti-Personnel Mines Act
18. Privileges and immunities for fact-finding missions
Edition: 2022-12-31 · In force
18. Privileges and immunities for fact-finding missions
(1)Members of a fact-finding mission shall enjoy—(a)immunity from suit and legal process in respect of things done or omitted to be done by them in the carrying out of their functions under the Ottawa Convention;(b)the like immunity from personal arrest or detention and the like inviolability for all papers and documents as, in accordance with the Privileges and Immunities Act (Cap. 179), are accorded to a diplomatic agent; and(c)the like exemptions and privileges in respect of their personal baggage as, in accordance with that Act, are accorded to a diplomatic agent.(2)The immunities, privileges and exemptions accorded to members of fact—finding missions by virtue of subsection (1) (b) and (c) shall be enjoyed by them at any time when they are in Kenya either—(a)for the purpose of carrying out in Kenya any of the functions of the mission; or(b)while in transit to or from a country or territory in connection with the carrying out, in that country or territory, of any of the functions of the mission.(3)If any of the immunities, privileges or exemptions accorded to a member of a fact-finding mission under this section is waived in any particular case by the Secretary General of the United Nations, this section shall have effect in that case as if it did not confer that immunity, privilege or exemption on that member of the mission.(4)If in any proceedings a question arises whether a person is or is not entitled to any immunity, privilege or exemption by virtue of this section, 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.