ADVOKS GLOBAL · KENYA
Prohibition of Anti-Personnel Mines Act
8. Authorised conduct
Edition: 2022-12-31 · In force
8. Authorised conduct
(1)In proceedings for an offence under section 6, it is a defence for the accused to satisfy the court that his conduct was authorised by this section.(2)A person's participation in the transfer of a prohibited object is authorised by this section if—(a)it is with the intention that the object will be used only for purposes permitted by subsection (8); and(b)the transfer in question is authorized by the Cabinet Secretary for the purposes of this subsection.(3)A person's participation in the transfer of a prohibited object is authorised by this section if it is only for the purpose of enabling the object to be destroyed.(4)The possession by a person of a prohibited object is authorised by this section if it is only for the purpose of enabling the object to be destroyed.(5)The possession by a person of a prohibited object is authorised by this section if—(a)it is with the intention that the object will be used only for purposes permitted by subsection (8); and(b)the object is one which the Cabinet Secretary has for the purposes of this subsection authorized him to have in his possession.(6)A person's participation in the acquisition of a prohibited object is authorised by this section if—(a)the acquisition concerned is by means of a transfer which is authorised by virtue of subsection (2) or (3); and(b)he participates in that acquisition—(i)with the intention that the object will be used only for purposes permitted by subsection (8); or(ii)for the purpose (with or without a further transfer) of enabling the object to be destroyed.(7)The assistance, encouragement or inducement by any person of conduct mentioned in section 6(1) is authorised by this section if, at the material time, he believed on reasonable grounds that the conduct in question is or will be authorised by this section.(8)The possession of a prohibited object is permitted for—(a)the development of techniques of mine detection, mine clearance or mine destruction;(b)training in techniques of mine detection, mine clearance or mine destruction; and(c)the purposes of any proceedings under this Act or of any criminal investigation or other criminal proceedings in which the object in question is or may be evidence.(9)No person shall be authorised by the Cabinet Secretary for the purposes of subsection (2) or (5) to transfer, or to have in his possession, any prohibited objects of any description in numbers in excess of what is necessary for the purposes permitted by subsection (8).(10)Authorisation by this section of any conduct does not indemnify any person against, or otherwise abrogate or affect, a liability under any other Act in respect of that conduct.