ADVOKS GLOBAL · KENYA
Prohibition of Anti-Personnel Mines Act
23. Power to search and obtain evidence
Edition: 2022-12-31 · In force
23. Power to search and obtain evidence
(1)A judge or magistrate who is satisfied, on information on oath, that there are reasonable grounds to believe—(a)that an offence under this Act is being, has been or is about to be committed on any premises; or(b)that evidence of the commission of such an offence is to be found on the premises,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 search them.(2)A person who enters any premises under the authority of a warrant under this section may—(a)inspect any document found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Act;(b)take copies of, or seize and remove, any such document;(c)inspect, seize and remove any device or equipment found on the premises which he has reasonable cause to believe may be required as such evidence; and(d)inspect, sample, seize and remove any substance found on the premises which he has reasonable cause to believe may be required as such evidence.(3)A member of the National Police Service who enters any premises—(a)under the authority of a warrant; or(b)by virtue of subsection (2)(a),may search any person found on the premises who he has reasonable grounds to suspect is in possession of any document, device, equipment or substance which may be required as evidence for the purposes of proceedings in respect of an offence under this Act:Provided that no person shall be searched by a person of the opposite sex.(4)A person who willfully obstructs another in the exercise of any power conferred by a warrant under this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both.