ADVOKS GLOBAL · KENYA
Scrap Metal Act
30. Power of entry
Edition: 2022-12-31 · In force
30. Power of entry
(1)An inspector may at any reasonable time, with or without a search warrant—(a)enter upon and inspect any place, premises or vehicle at, on or in which goods that are reasonably suspected of being stolen scrap metal or vandalized infrastructure are to be found and make a record as provided in the prescribed form;(b)take the steps that may be reasonably necessary to terminate the deal or transaction on vandalized or stolen scrap metal at, on or in such place, premises or vehicle, and to prevent the recurrence of any such act in future:Provided that the actions set out herein shall not include the destruction or alienation of the relevant scrap metal unless authorized by an order issued by a court of competent jurisdiction;(c)seize, detain, and, where applicable, remove for detention, all the scrap metal found at, on or in such place, premises or vehicle or other modes of conveyance;(d)seize detain, and, where applicable, remove for detention, any tools which may be used in processing such scrap metal;(e)if the inspector suspects that a person at, on or in such place, premises or vehicle may furnish any information with respect to any dealing in vandalized or stolen scrap metal—(i)question that person and take down a statement from that person;(ii)demand from that person any book, document, article, item or object which in any way may assist in identifying the location, source or destination of the scrap metal, or the identity and address of any person who may be involved in dealing as a supplier, miller, distributor, exporter or clearing and forwarding agent of the scrap metal.(2)Nothing in this section shall be construed as requiring a person to answer any question or give any information, if to do so might incriminate him or her.(3)The inspector shall make in duplicate and in the prescribed form, an inventory of all the scrap metal that has been detained and the inventory shall be signed by the inspector and licensee and each shall retain a copy.(4)An inspector may, with or without a warrant, arrest any person whom the inspector suspects upon reasonable grounds of having committed an offence under this Act and may search and detain such a person for a maximum of twenty four hours at the nearest Police Station.(5)Before acting under this section, an inspector shall, if required to do so, produce documentary evidence of his or her appointment.(6)Any person who obstructs or hinders an inspector in the exercise of the inspector's powers under this section, or who fails to furnish any information required by the inspector commits an offence and is liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding one year or to both.