ADVOKS GLOBAL · KENYA
Prohibition of Anti-Personnel Mines Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
(1)In this Act, unless the context otherwise requires—"anti-handling device" means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine;"anti-personnel mine" means a mine that is designed, altered or intended to explode by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons. Mines that are designed, altered or intended to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that are equipped with anti-handling devices are not considered to be anti-personnel mines as result of being so equipped;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to defence;"Convention" means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, set out in the Schedule to this Act, as amended from time to time in accordance with Article 13 of the Convention therein;"mine" means a munition designed, altered or intended to placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle;"premises" includes any land and any vehicle, vessel or aircraft;"prohibited object" means an anti-personnel mine or any component of an anti-personnel mine;"transfer" in respect of anti-personnel mines, includes, in addition to the physical movement of anti-personnel mines, the transfer of title to and control over anti-personnel mines, but does not include the transfer of territory containing emplaced anti-personnel mines;(2)For the purposes of this Act, a person participates in the acquisition of an object if the person—(a)acquires the prohibited object or enters into a contract to acquire it; or(b)makes arrangements under which another person either acquires the prohibited object or enters into a contract to acquire it.(3)For the purposes of this Act, a person participates in the transfer of an object if the person—(a)transfers the object or enters into a contract to transfer it; or(b)makes arrangements under which another person either transfers the object or enters into a contract to transfer it.(4)A reference in this Act to transferring an object includes a reference to—(a)disposing of the object; and(b)delivering the object to another person.(5)For the purposes of this Act—(a)a person acquires an object if he buys it, hires it, borrows it or accepts it as a gift; and(b)a person disposes of an object if he sells it, lets it on hire, lends it or gives it.(6)For the purposes of this Act, a person shall not be deemed to acquire or dispose of a prohibited object by reason only of his acquisition or disposal of an interest in or right over land containing one or more emplaced anti-personnel mines.