|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|91. Forfeiture of property used in commission of offence.|
|Seizure of apparatus, article or other property.||Disposal of property seized under section 90.|
|Forfeiture of property used in commission of offence.
|91. (1) Where a person is convicted of an offence under this Act for contravening of any of the provisions relating to any radio communication station or telecommunication system, or any radio communication apparatus, or any telecommunication apparatus, or in the use of any apparatus for the purpose of interfering with any radio communication or telecommunication, or uses any article or property for disrupting the postal services in contravention of any of the provision of this Act, the court may, in addition to any other penalty, order all or any of the apparatus of the telecommunication system, the radio-communication station or any such other apparatus, or article or property in connection with which the offence was committed, to be forfeited to the Commission:
Provided that the provisions of this subsection shall not apply to radio-communication apparatus not designed or adapted for transmission (as opposed to reception).
(2) The court by which any such apparatus, article or property is ordered to be forfeited under this section may also order the person, by whom the offence giving rise to the forfeiture was committed, not to dispose off that apparatus, article or property except by delivering it to the Commission within such period as the court may deem fit.
(3) If a person against whom an order is made under subsection (2) contravenes that order or fails to deliver such apparatus, article or property to the commission as required, he shall be guilty of a further offence which, for the purpose of determining the appropriate penalty shall be treated as an offence under the same provision as the offence for which the forfeiture was ordered.