|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|89. Entry and search of premises, etc.|
|(Deleted by A 6 of 2009)||Seizure of apparatus, article or other property.|
|Entry and search of premises, etc.||
89. (1) If a court is satisfied by information on oath that there is reasonable ground for suspecting that an offence under the provisions of this Act has been or is being committed, and that the evidence of the commission of the offence is to be found on any premises specified in the information, or in any vehicle, vessel or aircraft so specified, it may grant a search warrant, authorising any person or persons authorised in that behalf by the Commission and named in the warrant, with any police officer, to enter, at any time within one month from the date of the warrant, the premises specified in the information or, as the case may be, the vehicle, vessel or aircraft so specified and to search such premises, vehicle, vessel or aircraft, and to examine and test any station or apparatus or obtain any article or thing found in such premises, vessel, vehicle or aircraft.
(2) If a court is satisfied that -
(b) access to such premises, vessel, aircraft or vehicle for the purpose of obtaining such evidence as aforesaid has, within seven days before the date of the application to the court, been sought by a person duly authorised in that behalf by the Commission and has been denied,
Provided that an authorisation shall not be issued under this subsection unless either -
(i) it is shown to the court that the Commission is satisfied that there are
(ii) it is shown to the court that not less that seven days' notice of the demand for access was served on the owner or occupier of the premises, or, the person in possession or in charge of the vessel, aircraft or vehicle, and that the demand was made at a reasonable hour and was unreasonably denied.
(3) Where under this section a person is authorised to examine and test any telecommunication system or telecommunication apparatus or radio-communication apparatus on any premises or in any vessel, aircraft or vehicle, it shall be the duty of any person who is on the premises, or is in charge of, or in attendance on, the vessel, aircraft or vehicle, to give such authorised person such assistance as he may reasonably require in the examination or testing of such station or such apparatus.
(4) Any person who -
(a) obstructs any authorised person in the exercise of the powers conferred on him under this section; or
(b) fails or refuses to give to any such authorised person any assistance which he is, under this section, under a duty to give to him; or
(c) discloses, otherwise than for the purpose of this Act or any report of proceedings thereunder, any information by means of the exercise of powers under this Act, being information with regard to any manufacturing process or trade secret,
(5) For purposes of this section "court" means a Resident Magistrate's Court.