Societies Act

39. Powers of entry, arrest and search

Edition: 2022-12-31 · In force

39. Powers of entry, arrest and search

A magistrate, a police officer of or above the rank of Assistant Superintendent or any police officer authorized in writing by a magistrate or by such a police officer may without warrant enter with or without assistance any house or building or any place in which he has reason to believe that a meeting of an unlawful society, or of persons who are members of an unlawful society, is being held, and may without warrant arrest or cause to be arrested all persons found therein, and search such house, building or place, and seize or cause to be seized all insignia, banners, arms, books, papers, documents and other property which he has reasonable cause to believe belong to an unlawful society or are in any way connected with the purpose of the meeting:Provided that—

(i)an officer shall act under this section without a warrant only if he has reasonable cause to believe that the delay occasioned in obtaining a warrant would seriously hinder him in the performance of his duties;

(ii)section 36 of the Criminal Procedure Code (Cap. 75) shall apply in the case of every person arrested without a warrant under this section;

(iii)if anything is seized by such officer he shall cause it to be forthwith brought before a court, in order that it may be dealt with according to law.

← Previous provision Next provision →

Source: Kenya Law