Explosives Act

Section 1. Short title Section This Act may be cited as the Explosives Act.

Section 2. Interpretation Section the licence clearly indicates that it does not constitute a danger building; or

Section 3. Appointment of inspectors Section 3(1) There shall be a chief inspector of explosives and such other inspectors of explosives and such other officers as may be necessary (under whatever title as may from time to time be determined) for the purposes of this Act. Section 3(2) The Commissioner may depute other persons to act as inspectors in certain localities and for certain purposes; and in so far as any such person is authorized so to act he shall have the same powers and be subject to the same duties as are conferred and imposed upon inspectors by this Act. [Act No. 30 of 1953 , s. 3, L.N. 124/1964, Sch.]

Section 4. Restriction of manufacture of unauthorized explosives Section 4(1)(a) it is manufactured solely for the purposes of chemical experiment and not for sale, and in quantities not exceeding five hundred grams in weight at any one time, or two kilograms in all; or Section 4(1)(b) it is manufactured solely for practical trial as an explosive and not for sale, and in such quantities and under such conditions as may be specified in writing by an inspector. Section 4(2) Any person who contravenes the provisions of this section or any conditions imposed under the powers thereof shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or, in default of payment, to imprisonment for a term not exceeding two years, and the explosive in respect of which the contravention has taken place shall be forfeited. Section 4(3) The owner and the occupier of any premises in or on which an unauthorized explosive has been manufactured in contravention of this section shall be deemed to be the manufacturer, unless such owner or occupier (as the case may be) satisfies the Court before which he is charged that he was unaware that any such contravention was occurring or...

Section 5. Restriction of manufacture of authorized explosives Section 5(1) No person shall manufacture any authorized explosive in any place other than an explosives factory. Section 5(2) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or, in default of payment, to imprisonment for a period not exceeding two years, and the explosive in respect of which any such contravention has taken place shall be forfeited. [Act No. 30 of 1953 , s. 5.]

Section 6. Restriction of storage or possession of unauthorized explosives Section 6(1)(a) unless it has been manufactured as provided by section 4 (1)(a), and does not exceed two kilograms in weight; or Section 6(1)(b) unless it has been manufactured as provided by section 4 (1)(b), and is kept, stored or possessed in such manner and in such quantities as have been approved in writing by an inspector. Section 6(2) Subsections (2), (3) and (4) of section 4 shall apply mutatis mutandis in the event of any contravention of this section or of any of the conditions imposed thereunder. [Act No. 12 of 1970 , 1st Sch.]

Section 7. Restriction of storage or possession of authorized explosives Section 7(1)(a) except in an explosives factory or explosives magazine; or Section 7(1)(b) unless the explosive is kept for private use, and not for sale or other disposal, and in accordance with rules; or Section 7(1)(c) unless the explosive is kept for use in the construction of any railway, road or other public work, in quantities not exceeding two thousand five hundred kilograms in weight, and is stored in a temporary magazine approved by an inspector and under conditions specified in writing by an inspector; or Section 7(1)(d) unless the explosive is kept in quantities not exceeding five hundred kilograms in weight, and is stored in an isolated place approved by an inspector and under conditions specified in writing by an inspector; or Section 7(1)(e) unless the explosive is kept by a person in possession of a licence, as provided in section 8 , to deal in explosives, and in accordance with any conditions attached to that licence or prescribed by the rules. Section 7(2) Any person who contravenes the provisions of this section or any condition imposed or prescribed thereunder or mentioned therein shall be...

Section 8. Licence necessary to deal in explosives Section 8(1) No person, other than the manufacturer, shall sell, deal in or dispose of any explosive unless he is in possession of a licence granted under this Act. Section 8(2) For the purposes of this section, a manager, as defined in the Mining (Safety) Regulations (Cap. 306, Sub. Leg), who in outlying districts and in accordance with rules supplies other consumers, shall not be deemed to be a dealer, unless he sells at a profit. Section 8(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or, in default of payment, to imprisonment for a term not exceeding one year. [Act No. 30 of 1953 , ss. 7 and 10, Act No. 28 of 1961 , Sch.]

Section 9. Permit necessary to acquire blasting materials Section 9(1) No person shall purchase or otherwise acquire blasting materials except under the authority of, and to the extent authorized in, a written permit issued by an inspector. Section 9(2) No person shall sell or dispose of blasting materials to any person who fails to produce at the time of the transaction a permit of the type referred to in subsection (1) nor shall any person sell or dispose of any such materials in excess of the quantity referred to in such permit. Section 9(3) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or, in default of payment, to imprisonment for a term not exceeding one year. [Act No. 30 of 1953 , ss. 8 and 10.]

Section 10. Prohibition of importation and exportation of explosives without permit Section No person shall import or export, or cause to be imported or exported, any explosive, unless he has obtained a permit issued, in the case of blasting materials, under the authority of an inspector, or, in the case of other explosives, by any person authorized by the Commissioner to issue such a permit. [Act No. 30 of 1953 , s. 3.]

Section 11. Prohibition of use of blasting materials without permit Section 11(1)(a) at a depth of ten metres or more, measured from the surface along or down a shaft, adit, well or tunnel, unless he is in possession of a valid miner’s blasting certificate issued to him under the Mining Act (Cap. 306), or is under the immediate supervision of the holder of such a certificate; or Section 11(1)(b) in all other cases, unless he is in possession of a valid miner’s blasting certificate issued to him under the Mining Act (Cap. 306) or of a valid permit issued to him for such purpose by an inspector, who is hereby authorized so to do, or unless he is under the immediate supervision of a person in possession of either such a certificate or permit. Section 11(2) No permit shall be issued unless the issuing authority is satisfied that the applicant may be safely entrusted with the use of blasting materials, and that there is necessity for his using the same. Section 11(3) The Commissioner may, in his discretion, at any time, by order revoke a permit issued under this section or under section 10 , if he is satisfied that good cause for such revocation exists. Section 11(4) Any person dissatis...

Section 12. Penalties Section Any person who contravenes sections 10 and 11 shall be guilty of an offence and liable to a fine not exceeding three thousand shillings, in default of payment, to imprisonment for a term not exceeding one year. [Act No. 30 of 1953 , s. 10.]

Section 13. Prohibition of conveyance of explosives without permit Section 13(1)(i) this section shall not apply to safety fuses, percussion caps or fireworks; Section 13(1)(ii) no permit shall be required for the conveyance of explosives within any land or property belonging to or occupied by the person conveying, or authorizing the conveyance of the explosives. Section 13(2) Any person who contravenes the provisions of this section, or of any permit issued under this section, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or, in default of payment, to imprisonment for a term not exceeding six months. [Act No. 30 of 1953 , s. 11.]

Section 14. Application for licence to erect factory Section 14(1)(a) the situation and extent or area of the land on which it is proposed to erect the factory, together with the area of land surrounding the same which it is proposed to leave free of buildings; Section 14(1)(b) the several distances which it is proposed to maintain between the several danger buildings respectively, and between those danger buildings and other buildings or works used in connection with the factory; Section 14(1)(c) the materials to be used in, and the mode of construction of, all danger buildings and works on, in or used in connection with the factory; Section 14(1)(d) the nature of the processes of manufacture to be used in the factory, the place at which each process of manufacture and every description of work is intended to be carried on in the factory and the places on or in which it is proposed to keep in store any ingredients of explosives or other articles liable to spontaneous ignition or combustion or otherwise dangerous; Section 14(1)(e) the quantity of explosives, or of any partly or wholly mixed ingredients thereof, which it is proposed to use simultaneously in or near any building or i...

Section 15. Notice of inquiry into expediency of granting of licence, and objections Section 15(1) In the event of the Commissioner directing that such an inquiry as aforesaid be held, he shall cause a notice to be published at the cost of the applicant, stating that application has been made under this Act for the grant of a licence to erect a factory for the manufacture of explosives, describing as far as possible the proposed site of the factory, and stating that a commission will sit to hear any objections to the grant of such a licence, and the date, time and place on or at which that commission will sit to hear the application. Section 15(2) The notice shall be published once a week, during three consecutive weeks, in the Gazette and in one or more newspapers circulating in the district in which it is proposed to erect or establish the factory, and the commission shall not sit till the expiration of at least one week from any last publication of the notice. Section 15(3) The local authority having jurisdiction in an area in which, or within two kilometres of which, is situate the site of the proposed factory, and any person residing or carrying on business within a like dista...

Section 16. Constitution, powers and duties of commission Section The commission shall consist of an inspector (who shall be the chairperson of the commission) and two other persons appointed for the purpose by the Commissioner, and it shall, as soon as may be after the conclusion of its sitting, make a report to the Commissioner, with such recommendations as it may think fit. [Act No. 30 of 1953 , s. 3.]

Section 17. Powers of Commissioner to grant or refuse licence Section 17(1) Upon consideration of the report and recommendations of the commission, the Commissioner may refuse the application for a licence, or may grant the application with or without modifications and conditions. Section 17(2) Any person dissatisfied by a decision of the Commissioner under this section may appeal against such decision to the Cabinet Secretary, whose decision shall be final. [Act No. 30 of 1953 , s. 3, L.N. 342/1956, L.N. 173/1960.]

Section 18. Issue of licence Section Any licence under this Act to erect, establish and maintain a factory for the manufacture of explosives shall, if granted, be issued by the Commissioner on payment of a sum of two thousand shillings: Provided that no explosive shall be manufactured until the chief inspector of explosives is satisfied that the premises in respect of which the licence has been granted are in a sufficiently complete state to enable the provisions of this Act and rules to be carried out and complied with in all respects. [Act No. 30 of 1953 , s. 3, Act No. 18 of 1986 , Sch.]

Section 19. Amendment of licence Section Any licence or the conditions thereof may, upon application, be amended by the Commissioner, who shall not consent to the amendment except upon a report by an inspector that the safety of the public or of any person employed in or at the licensed factory will not be thereby diminished: Provided that no such amendment shall be inconsistent with this Act or the rules. [Act No. 30 of 1953 , s. 3, Act No. 28 of 1961 , Sch.]

Section 20. Transfer of licence Section 20(1) Any licence may be transferred into the name of another person: Provided that four weeks’ notice in writing of a desire to transfer shall be sent to the Commissioner, who shall not refuse such a transfer except on the ground that the proposed transferee is not a suitable person to hold such a licence. Section 20(2) Any person dissatisfied by a decision of the Commissioner under this section may appeal against such decision to the Cabinet Secretary, whose decision shall be final. [Act No. 30 of 1953 , s. 3, L.N. 342/1956, L.N. 172/1960.]

Section 21. Revocation of licence, and lapse of same Section 21(1) The Commissioner may revoke any licence issued under section 18 . Section 21(2) Every licence shall ipso facto expire if the holder thereof has ceased to carry on, for a period of one year, any work authorized by the licence, and shall become void if the premises in respect of which the licence was granted have been used for any trade or work not authorized by the licence. Section 21(3) Any person dissatisfied by a decision of the Commissioner under this section may appeal against such decision to the Cabinet Secretary, whose decision shall be final. [Act No. 30 of 1953 , s. 3, L.N. 342/1956, L.N. 172/1960.]

Section 22. Application for licence to erect or use explosives magazine Section 22(1) Any person desiring to erect or carry on a magazine for the storage of explosives shall make application for a licence for the same to an inspector, who may grant such a licence, subject to the observance of the rules and after consultation with the local authority, if any, and upon such other conditions as he may think fit to attach to the licence. Section 22(2) Sections 19 , 20 and 21 shall apply mutatis mutandis in respect of any licence granted under this section. [Act No. 30 of 1953 , s. 15.]

Section 23. Penalty for unlicensed factory or magazine Section Any person who establishes, erects, maintains or uses a factory for the manufacture of explosives, otherwise than in accordance with a valid licence issued under this Act, shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or, in default of payment, to imprisonment for a term not exceeding twelve months. [Act No. 30 of 1953 , s. 16.]

Section 24. Powers of inspectors to enter and inspect premises Section to enter any explosives factory or explosives magazine at any hour of the day or night for the purpose of inspecting the same and of making inquiries relative to the compliance with this Act and the rules, or relative to the means used therein for preserving the safety of the public or of any person employed therein;

Section 25. Penalties for obstructing inspector or refusing to answer inquiries, etc. Section Any person who wilfully obstructs or hinders any inspector in the exercise of the powers or duties conferred or imposed upon him by this Act or the rules, or disobeys any lawful order of an inspector, or who upon demand fails to answer as far as he may be able any question lawfully put by an inspector, or who gives false information to an inspector, whether in answer to any such question or not, shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or, in default of payment, to imprisonment for a term not exceeding one year. [Act No. 30 of 1953 , s. 17.]

Section 26. Power to stop dangerous methods Section 26(1)(a) confiscate and remove the explosives; Section 26(1)(b) by order in writing require the immediate discontinuance of such method; Section 26(1)(c) by order in writing require such remedial measures to be taken as in his opinion are necessary. Section 26(2) Any person who is dissatisfied with a confiscation or requisition done or made under this section may within thirty days thereof appeal to the chief inspector of explosives, who shall give his decision thereon with the least possible delay. Section 26(3) If an appellant is dissatisfied with a decision of the chief inspector of explosives given under this section he may within thirty days of such decision appeal therefrom to the Cabinet Secretary, whose decision shall be final. Section 26(4) The provisions of this section shall be without prejudice to any prosecution. [Act No. 30 of 1953 , s. 18, L.N. 343/1956, L.N. 173/1960.]

Section 27. Duty of occupier of a factory to make special rules Section 27(1) Every occupier of a factory shall, subject to the approval of the chief inspector of explosives, make special rules, not inconsistent with this Act, for regulating the persons employed in that factory with a view to securing the observance therein of the provisions of this Act and the rules, the safety and proper discipline of all such persons and the safety of the public. Section 27(2) The occupier of any explosives magazine or of any premises where explosives are dealt in shall, if it seems to an inspector to be necessary, make such special rules, not inconsistent with this Act, as are described in subsection (1). Section 27(3) The occupier of any such factory, magazine or premises shall take all reasonable steps for ensuring or enforcing the observance of any such special rules. Section 27(4) In respect of penalties, any special rules made under this section shall be deemed to be rules under this Act.

Section 28. Penalties for endangering safety or causing loss of life Section 28(1)(a) if the explosion is negligently caused and property is endangered, he shall be liable to a fine not exceeding five thousand shillings or, in default of payment, to imprisonment for a term not exceeding twelve months, or to both; Section 28(1)(b) if the explosion is negligently caused and life is endangered, he shall be liable to a fine not exceeding ten thousand shillings or, in default of payment, to imprisonment for a term not exceeding twelve months, or to both; Section 28(1)(c) if the act or omission causing the danger to life or property is wilful the maximum penalty hereinbefore mentioned in this section shall, if death does not result therefrom, be twelve years’ imprisonment without the option of a fine; Section 28(1)(d) if the explosion is negligently caused and death results, he shall be liable to a fine not exceeding twenty thousand shillings or, in default of payment, to imprisonment for a term not exceeding two years, or to both. Section 28(2) Nothing in this section contained shall be construed as exempting any person from being charged and punished under the Penal Code ( Cap. 63 ) or...

Section 29. Penalty for making, possession or control of explosive for unlawful object Section Any person who makes or knowingly has in his possession or under his control any explosive, in circumstances which give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be guilty of an offence and liable to imprisonment for a term not exceeding seven years, and the explosive shall be forfeited. [Act No. 30 of 1953 , s. 19.]

Section 30. Rules Section 30(1)(a) the construction of explosives factories, explosives magazines and other danger buildings; Section 30(1)(b) the conditions under which the manufacture of explosives may be carried on; Section 30(1)(c) the storage of explosives, whether in explosives magazines or elsewhere; Section 30(1)(d) the use of explosives; Section 30(1)(e) the packing, transport, importation and exportation of explosives, and the making of special rules governing the packing and transport at individual places, and the landing and handling of explosives in ports and harbours; Section 30(1)(f) the issue of licences to dealers in explosives, the conditions of any such licence, the restrictions which may be placed upon the sale or disposal of explosives to particular classes of persons, and the quantity of any explosive which may be purchased by any person or company under permit from the officer authorized by such rules; Section 30(1)(g) the inquiry into the circumstances of explosions endangering or causing injury to persons or property or death, and for the reporting of all such explosions; Section 30(1)(h) the prevention of trespass in or upon an explosives factory, or in or...

Section 31. Expiration of licences and permits Section Every licence or permit issued under this Act shall expire on the 31st December in the year of issue unless renewed. [Act No. 30 of 1953 , s. 21.]

Section 32. Saving Section the importation, storage, use or transport of any explosive by the armed forces, by any other armed forces lawfully in Kenya, or by any other force or service constituted by or under any written law and lawfully in possession of explosives;