Firearms Act

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

Section 2. Interpretation Section any grenade, bomb or other missile whether explosive or not and whether or not capable of or intended for use with a firearm;

Section 3. Establishment of the Firearms Licencing Board Section 3(1) There is hereby established the Firearms Licensing Board. Section 3(2)(a) two representatives from the National Police Service one of whom shall be from the Directorate of Criminal Investigation; Section 3(2)(b) one representative from the Office of the Attorney-General; Section 3(2)(c) one representative from a private members group of lawfully registered gun owners; Section 3(2)(d) one representative from the Kenya Wildlife Service; Section 3(2)(e) one representative from the National Intelligence Service; and Section 3(2)(f) one representative from the National Focal Point. Section 3(3) There shall be a Secretariat of the Board which shall consist of such officers as may be necessary to discharge its duties under this Act. Section 3(4) The persons serving as licensing officers immediately before the commencement of this section shall be deemed to be officers of the Secretariat referred to in subsection (3). Section 3(5)(a) certify suitability of applicants and periodically assess proficiency of firearms holders; Section 3(5)(b) issue, cancel, terminate or vary any licence or permit issued under this Act; Secti...

Section 4. Penalty for purchasing, etc., firearms or ammunition without firearm certificate Section 4(1) Subject to this Act, no person shall purchase, acquire or have in his possession any firearm or ammunition unless he holds a firearm certificate in force at the time. Section 4(1A) No person shall manufacture, assemble, purchase, acquire or have in his possession an armoured vehicle unless he holds a certificate of approval issued under this Act. Section 4(2)(a) purchases, acquires or has in his possession any firearm or ammunition without holding a firearm certificate in force at the time, or otherwise than as authorized by a certificate, or, in the case of ammunition, in quantities in excess of those so authorized; or Section 4(2)(b) fails to comply with any condition subject to which a firearm certificate is held by him; or Section 4(2)(c) manufactures, assembles, purchases, acquires or has in his possession an armoured vehicle without approval under subsection (1A), Section 4(3)(a) if the firearm concerned is a prohibited weapon of a type specified in paragraph (b) of the definition of that term contained in section 2 or the ammunition is ammunition for use in any such firea...

Section 5. Grant, etc., of firearm certificates Section 5(1) An application for the grant of a firearm certificate shall be made in the prescribed form to the licensing officer, and shall state such particulars as may be required by that form. Section 5(2) The firearm certificate shall be granted by the licensing officer if he is satisfied that the applicant has a good reason for purchasing, acquiring or having in his possession the firearm or ammunition in respect of which the application is made, and can be permitted to have in his possession that firearm or ammunition without danger to the public safety or to the peace: Provided that a firearm certificate shall not be granted to a person whom the licensing officer has reason to believe to be prohibited by or under this Act from possessing a firearm, or to be of intemperate habits or unsound mind, or to be for any reason unfitted to be entrusted with such a firearm, or who has not satisfied a licensing officer that he will at all times keep the firearm securely and in safe custody and in a safe condition and take all reasonable precautions to ensure that the firearm is not lost or stolen and is not at any time available to any pe...

Section 6. Fees in respect of firearm certificates Section 6(1) Subject to this section, there shall be payable on the grant of a firearm certificate, and on the renewal of a firearm certificate, and on any variation of a firearm certificate which increases the number of firearms to which the firearm certificate relates, and on the replacement of a firearm certificate which has been lost or destroyed, such fees as may be prescribed: Provided that, where a firearm certificate is both varied and renewed or replaced at the same time, no fee shall be payable on the variation. Section 6(2) No fee shall be payable on the grant to any responsible officer of a rifle club, miniature rifle club or cadet unit approved for the purpose by the Cabinet Secretary, of a firearm certificate in respect of firearms or ammunition to be used solely for target practice or drill by the members of the club or unit, or on the variation or renewal of a firearm certificate so granted. Section 6(3)(a) a firearm or ammunition which the applicant requires as part of the equipment of a ship; or Section 6(3)(b) a signalling apparatus, or ammunition therefor which the applicant requires as part of the equipment of...

Section 7. Exemptions from holding a firearm certificate Section 7(1) The following provisions of this section shall have effect notwithstanding anything in section 4 or section 6 . Section 7(2)(a) without a firearm certificate or temporary permit have in his possession and use a Government firearm or Government ammunition, if the firearm or ammunition is issued for the purposes of his duty as such officer except that immediately upon such officer ceasing to be a member of the police force or otherwise in the public service he shall forthwith deliver up any such firearm or ammunition as aforesaid to the proper officer of the Government; Section 7(2)(b) with a firearm certificate but without payment of any fee in respect thereof have in his possession and use a firearm or ammunition lawfully purchased or otherwise acquired by him which is used by him for the purposes of his duty as such officer except that immediately upon such officer ceasing to be a member of the police force or otherwise in the public service the exemption from payment of any fee shall cease and the prescribed fee shall forthwith become payable in relation to such firearm or ammunition. Section 7(3) A person carr...

Section 8. Power to refuse firearm certificate or permit unless firearm or ammunition produced Section 8(1) Notwithstanding anything contained in any of the foregoing sections of this Act, a licensing officer may refuse to grant, renew or vary a firearm certificate, or to grant a permit under subsection (12) of section 7 , unless and until any firearm to which the firearm certificate or permit will, if granted, renewed or varied, relate is produced to him for his inspection and for marking, if necessary, in accordance with the requirements of subsection (2) of this section. Section 8(2) No firearm certificate, and no permit under subsection (12) of section 7 , shall be granted, or, as the case may be, varied or renewed, in respect of a firearm unless the firearm bears a mark or number of identification or is first marked with such a mark or number by, or under and in accordance with the directions of, the licensing officer.

Section 9. Prohibition of manufacture of firearms and ammunition Section 9(1) No person shall manufacture any firearm or ammunition save on behalf of the Government and at a place established and designated for the purpose by, and in accordance with instructions to be issued by, the Cabinet Secretary. Section 9(2) In this section, "manufacture", in relation to firearms or ammunition, includes the filling, refilling and other processing of ammunition, but does not include the repair of firearms or ammunition, or the conversion into a firearm of anything which has the appearance of a firearm but is so constructed as to be incapable of discharging any missile through the barrel thereof, or the alteration, or substitution or replacement of any component part, of a firearm. Section 9(3) If any person contravenes any of the provisions of subsection (1), he shall be guilty of an offence and liable to imprisonment for a term of not less than ten, but not exceeding fifteen, years. [Act No. 4 of 1960 , s. 21, Act No. 36 of 1962 , Sch., Act No. 2 of 2002 , Sch.]

Section 10. Production of firearm certificate or permit Section 10(1) Any police officer, customs officer or licensing officer may demand from any person whom he believes to be in possession of a firearm or ammunition the production of any firearm certificate or of any permit granted under subsection (12) or subsection (13) of section 7 at or before such time, at such place and to such police officer, customs officer or licensing officer as he may specify. Section 10(2) Such demand under this section may be made orally or in writing. Section 10(3) If any person upon whom a demand is so made fails to produce any certificate or permit granted to him, or to allow the officer to read the same, or to show that he is entitled by virtue of this Act to have the firearm or ammunition in his possession without holding a firearm certificate or permit, the officer may seize and detain the firearm or ammunition, and may require that person to declare to him immediately his name and address. Section 10(4) If any person upon whom a demand is so made fails, without reasonable cause, to produce any certificate or permit granted to him, or to allow the officer to read the same, or refuses so to decl...

Section 11. Production of and accounting for firearms and ammunitions Section 11(1) Any police officer, customs officer or licensing officer may demand from any person who holds a firearm certificate or a permit under subsection (12) or subsection (13) of section 7 the production of any firearm or ammunition to which it relates at or before such time, at such place and to such police officer, customs officer or licensing officer as he may specify. Section 11(2) Any such officer may demand from any person who has within the last preceding five years held a firearm certificate or permit the production of any firearm or ammunition to which it relates, or an account of its whereabouts, at or before such time, at such place and to such police officer, customs officer or licensing officer as he may reasonably specify. Section 11(3) A demand under this section may be made orally or in writing. Section 11(4) If any person fails without reasonable cause to comply with a demand under this section, he shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings. [Act No. 4 of 1960 , s. 6, Act No. 2 of 2002 , Sch.]

Section 12. Penalty for dealing in firearms without being registered Section 12(1)(a) sell, transfer, repair, test or prove; or Section 12(1)(b) expose for sale or transfer, or have in his possession for sale, transfer, repair, test or proof, any firearm or ammunition, unless he is registered under this Act as a firearms dealer: Section 12(2) If any person contravenes any of the provisions of this section, or makes any statement which he knows to be false for the purpose of procuring, whether for himself or for any other person, the grant of a permit under this section, he shall be guilty of an offence and liable to imprisonment for a term of not less than five, but not exceeding ten years. [Act No. 4 of 1960 , s. 7, Act No. 2 of 2002 , Sch.]

Section 13. Registration of firearms dealers Section 13(1)(i) the licensing officer shall not register an applicant who is prohibited from being registered by order of a court made under section 19 ; and Section 13(1)(ii) the licensing officer may refuse to register an applicant if he is satisfied that the applicant cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to the peace. Section 13(2) On the registration of an applicant as a firearms dealer there shall be payable such fee as may be prescribed. Section 13(3)(a) is no longer carrying on business as a firearms dealer; or Section 13(3)(b) cannot be permitted to continue to carry on business as a firearms dealer without danger to the public safety or to the peace, Section 13(4) The licensing officer shall also cause the name of a person to be removed from the register if that person so desires. Section 13(5) If any person, for the purpose of procuring the registration of himself or any other person as a firearms dealer, makes any statement which he knows to be false, he shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not ex...

Section 14. Certificate of registration Section 14(1) The licensing officer shall grant or cause to be granted to any person who is registered as a firearms dealer under section 13 a certificate of registration. Section 14(2)(a) surrender to the licensing officer his certificate of registration; and Section 14(2)(b) apply in the prescribed form for a new certificate of registration; and Section 14(2)(c) pay the fee prescribed, Section 14(3) If any person to whom this section applies fails to comply with all or any of the requirements of subsection (2), the licensing officer shall by notice in writing require him to comply therewith, and, if he fails to do so within twenty-one days from the date of the notice, or within such further time as the licensing officer may in special circumstances allow, shall cause his name to be removed from the register. Section 14(4)(i) where an appeal is brought against the removal, this subsection shall not apply to that removal unless the appeal is abandoned or dismissed, and shall in that case have effect as if for the reference to the date of the notice there were substituted a reference to the date on which the appeal was abandoned or dismissed;...

Section 15. Registrations of place of business of firearms dealers Section 15(1) The prescribed particulars which a person applying to be registered as a firearms dealer under section 13 is required to furnish shall include particulars of every place of business at which he proposes to carry on business as a firearms dealer, and the licensing officer shall, subject as hereinafter provided, enter in the register every such place of business. Section 15(2) Every person registered as a firearms dealer who proposes to carry on business as such at any place of business which is not entered in the register shall notify the licensing officer and furnish him with such particulars as may be prescribed, and the licensing officer shall, subject as hereinafter provided, enter that place of business in the register. Section 15(3) A licensing officer, if he is satisfied that any place of business notified to him by any person under subsection (1) or subsection (2), or any place entered as the place of business of any person in the register of firearms dealers, is a place at which that person cannot be permitted to carry on business as a firearms dealer without danger to the public safety or to t...

Section 16. Restrictions on sale, repair, etc., of firearms and ammunition Section 16(1) No person shall sell or transfer to any other person in Kenya, other than a registered firearms dealer, any firearm or ammunition unless that other person produces a firearm certificate authorizing him to purchase or acquire it or shows that he is by virtue of this Act entitled to purchase it, or, as the case may be, to acquire it by means of transfer, without holding a certificate: Provided that this subsection shall not prevent a person parting with the possession of a firearm or ammunition, otherwise than in pursuance of a contract of sale or hire or by way of gift or loan, to a person who shows that he is by virtue of this Act entitled to have possession of the firearm or ammunition without holding a firearm certificate. Section 16(2) Every person who sells, lets on hire, gives or lends a firearm or ammunition to any other person in Kenya, other than a registered firearms dealer, shall, unless that other person shows that he is by virtue of this Act entitled to purchase or, as the case may be, to hire, accept as a gift or borrow the firearm or ammunition without holding a firearm certificat...

Section 17. Register of transactions in firearms and ammunition Section 17(1) Every person who by way of trade or business deals in, sells or transfers firearms or ammunition shall provide and keep a register of transactions, and shall enter or cause to be entered therein such particulars as may be prescribed. Section 17(2) Every such entry shall be made within twenty-four hours after the transaction to which it relates took place, and, in the case of a sale or transfer, every such person shall at the time of the transaction require the purchaser or transferee to furnish particulars sufficient for identification, and shall immediately enter those particulars in the register. Section 17(3) Any person to whom this section applies shall, on demand, allow a police officer or licensing officer to enter and inspect all stock in hand, and shall on request by the police or licensing officer produce for inspection the register so required to be kept. Section 17(4)(a) fails to comply with any of the provisions of this section; or Section 17(4)(b) knowingly makes any false entry in a register required to be kept under this section; or Section 17(4)(c) knowingly furnishes any false particular...

Section 18. Storage and safe custody of firearms and ammunition Section 18(1) Every registered firearms dealer shall maintain at each of his places of business a suitable enclosed store for the safe custody of firearms and ammunition in his possession. Section 18(2) Each store shall be, and be maintained constantly, secure to the satisfaction of the licensing officer, and shall have only one means of entry thereto, which shall be provided with two locks, of which master-keys shall be delivered to, and retained by, the licensing officer. Section 18(3) Every person having in his possession any firearm or ammunition shall keep it at all times securely and in safe custody and in a safe condition, and shall take all reasonable precautions to ensure that the firearm or ammunition is not lost or stolen and is not at any time available to any person not lawfully entitled to possess it. Section 18(4) Any person who fails to comply with any of the provisions of this section shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. Section 18(5) In this section, "safe custody" means in the physical...

Section 19. Powers of court in case of offences by registered firearms dealers Section that the name of the registered firearms dealer be removed from the register; and

Section 20. Penalty for taking in pawn firearms or ammunition Section 20(1) No person shall take any firearm or ammunition in pawn from any other person. Section 20(2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to imprisonment for a term of not less than three, but not exceeding five, years. [Act No. 2 of 2002 , Sch.]

Section 21. Provisions as to converting imitation firearms into firearms Section 21(1) No person other than a registered firearms dealer shall convert into a firearm anything which, though having the appearance of being a firearm, is so constructed as to be incapable of discharging any missile through the barrel thereof. Section 21(2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to imprisonment for a term of not less than seven, but not exceeding fifteen, years. [Act No. 2 of 2002 , Sch.]

Section 22. Loss of firearms or ammunition to be reported Section Any person having possession of a firearm or ammunition, whether or not he holds a firearm certificate therefor or is entitled to have possession thereof without holding a firearm certificate, shall, if the firearm or ammunition is lost, stolen or destroyed, report the loss, theft or destruction as soon as possible after its occurrence to the police officer in charge of the nearest police station, and if he fails to do so, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. [Act No. 2 of 2002 , Sch.]

Section 23. Appeals under this Part Section 23(1) Any person aggrieved by a refusal of a licensing officer to grant him a firearm certificate under section 5 or to vary or renew a firearm certificate, or by the revocation of a firearm certificate, or by a refusal of a licensing officer to grant him a permit under subsection (12) of section 7 , or by the revocation of such a permit, or by a refusal of a licensing officer to grant him a permit under subsection (13) of section 7 or to renew such a permit, or by the revocation of such a permit, or by the refusal of a licensing officer to register him as a firearms dealer, or by the removal of his name from the register of firearms dealers by a licensing officer, or by the refusal of a licensing officer to enter a place of business in the register of firearms dealers under section 15 or by the removal of any such place of business from the register, may appeal to the Cabinet Secretary, whose decision shall be final. Section 23(2) An appeal under this section shall be lodged within fourteen days after the date on which the appellant first received notice, whether written or oral, of the decision by which he is aggrieved. Section 23(3) On...

Section 24. Application of this Part Section This Part applies to all firearms and ammunition as defined in section 2 and to all other weapons which are capable of being converted into, or to have the appearance of, lethal weapons, or which can be used or adapted for the discharge of any noxious liquid, gas or other substance, or any missile, projectile or other similar thing but does not apply to any other weapon which is not of a type declared by the Cabinet Secretary, by notice in the Gazette , to be specially or potentially dangerous. [Act No. 4 of 1960 , s. 14, Act No. 8 of 1988 , s. 6.]

Section 25. Saving for game laws Section Nothing in this Part shall relieve any person using or carrying a firearm from the obligation to take out a licence to kill game under any law for the time being in force relating to such licences.

Section 11A. Concealment of serial number Section obliterates the serial number of any firearm in his possession; or

Section 4A. Offences relating to specified firearms Section 4A(1)(a) is found in possession of any of the specified firearms without a licence or permit or other lawful justification; or Section 4A(1)(b) being licensed to possess, hold, trade in or otherwise have custody of any of the specified firearms, ammunition or parts of such firearm or ammunition hires or otherwise unlawfully permits another person to take possession of or use that firearm or ammunition to advance the course of organized criminal activity, Section 4A(2)(a) AK 47; Section 4A(2)(b) G3; Section 4A(2)(c) MP 5; and Section 4A(2)(d) such other similar firearms as may be specified by the Cabinet Secretary by order published in the Gazette . Section 4A(3) A court before which an offence under subsection (1) is found to have been committed may order the forfeiture to the State of any firearms, ammunition or other parts produced as exhibits in the trial. [Act No. 6 of 2010 , s. 26.]

Section 26. Special provisions relating to certain types of weapons and ammunition Section 26(1)(a) any firearm which is so designed or adapted that if pressure is applied to the trigger missiles continue to be discharged until the pressure is removed or until the magazine containing the missiles is empty; or Section 26(1)(aa) any prohibited weapon of a type specified in paragraph (b) of the definition of that term contained in section 2 ; or Section 26(1)(b) any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or similar thing or of any electrical charge; Section 26(1)(c) any ammunition containing, or designed or adapted to contain, any such noxious thing; or Section 26(1)(d) any firearm or ammunition specified, or of a class or type specified, by the Cabinet Secretary by notice in the Gazette ; or Section 26(1)(e) any accessory or attachment, of a kind specified by the Cabinet Secretary by notice in the Gazette , which is designed or adapted for use with or as part of a firearm; Section 26(1)(f) any arms or munitions of war. Section 26(2)(a) if the firearm concerned falls within any of the categories specified in paragraphs (a), (aa)...

Section 27. Importation and exportation of firearms and ammunition Section 27(1) No person shall import or export any firearm or ammunition save under and in accordance with the terms of an import or export permit issued by an authorized officer: Provided that where any firearm or ammunition, not being a firearm or ammunition the importation of which is for the time being prohibited under subsection (2), is imported for the personal use of the owner thereof but without an import permit under this section having been previously obtained authorizing the importation thereof, the importation shall not be deemed to contravene the provisions of this section if the firearm or ammunition on importation is left in customs control until an import permit under this section is obtained in respect of the importation thereof. Section 27(2) No person shall import or export any firearm or ammunition, or any firearm or ammunition of a class or type, of which the importation or exportation is for the time being prohibited by the Cabinet Secretary by order published in the Gazette . Section 27(3) Any person who contravenes any of the provisions of subsections (1) and (2) shall be guilty of an offence...

Section 28. Places of importation of firearms or ammunition and removal therefrom Section 28(1) No person shall import any firearm or ammunition save at any one or more places designated for the purpose by the Cabinet Secretary, and all firearms and ammunition imported at any such place shall be detained in customs control pending removal in accordance with the provisions of this section. Section 28(2) No person who imports any firearm or ammunition by way of trade or business, or for the purposes of any trade or business, or for any purpose other than his own personal use, shall remove it, or cause it to be removed, from customs control, unless he has first obtained a removal permit under section 29 authorising the removal thereof from the place at which it is detained in customs control. Section 28(3) No person who imports a firearm or ammunition for his own personal use shall remove it, or cause it to be removed, from customs control unless he has first obtained a firearm certificate, or a permit under subsection (11) of section 7 , in respect thereof, or unless he is entitled by virtue of this Act to have the firearm or ammunition in his possession without holding a firearm cer...

Section 29. Removal and transportation of firearms and ammunition within Kenya Section 29(1) Subject to subsection (4), no person shall remove or transport, or cause to be removed or transported, any firearm or ammunition from one place to another in Kenya, whether for the purpose of export or otherwise, save under and in accordance with a removal permit issued by a licensing officer. Section 29(2) Any person who contravenes any of the provisions of subsection (1), or who makes any statement which he knows to be false for the purpose of procuring for himself or any other person the issue of a removal permit under this section, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. Section 29(3) No removal permit shall be issued under this section authorizing the removal or transport of firearms or ammunition by road from one area to another, save with the general or specific authority of the Inspector-General of Police. Section 29(4)(a) a person carrying on the business of an approved carrier, or an approved servant of such a person, in respect of the removal or transportation of any f...

Section 30. Firearms and ammunition in transit through Kenya Section Notwithstanding anything in this Act, a licensing officer may grant with or without conditions, refuse, suspend or revoke transit permits for the importation or exportation, or the removal within or transportation across Kenya, of any firearms or ammunition in transit through Kenya to any place outside Kenya, and the importation, exportation, removal, transportation and possession of any such arms or ammunition under and in accordance with the terms of any such transit permit shall be lawful and shall not constitute an offence under this Act.

Section 31. Restrictions on carriage by vessels Section 31(1) Subject to subsection (2), no person shall ship or off-load any firearms or ammunition in or from a vessel of less than five hundred tons burden. Section 31(2)(a) to lighters or barges lawfully engaged in loading or unloading ships; Section 31(2)(b) to firearms or ammunition conveyed on behalf of the Government and accompanied by an officer of the Government; Section 31(2)(c) to a firearm or ammunition in the possession of a person holding a firearm certificate in respect thereof or entitled by virtue of this Act to have the firearm or ammunition in his possession without holding a firearm certificate, where the firearm or ammunition is for the personal use of the person in possession thereof. Section 31(3)(i) owned by; or Section 31(3)(ii) fitted out by; or Section 31(3)(iii) of which more than half the crew are,

Section 32. Restrictions on possession of firearms and ammunition by young persons Section 32(1) No person under the age of twelve years shall have in his possession any firearm or ammunition to which Part II applies, and no person under the age of fourteen years shall have in his possession any firearm or ammunition to which Part II applies other than a miniature rifle not exceeding 0.22 calibre or a shotgun the bore of which is not larger than 20 gauge, and ammunition suitable therefor, except in circumstances where he is entitled to have possession thereof without holding a firearm certificate by virtue of subsection (8), subsection (9) or subsection (10) of section 7 ; and no person shall part with the possession of any such firearm or ammunition to any person whom he knows or has reason to believe to be under the age of twelve or fourteen years, as the case may be, except in circumstances where that other person is entitled to have possession thereof. Section 32(2) Any person who contravenes any of the provisions of this section shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to bot...

Section 33. Carrying firearm while drunk or disorderly Section Any person who is drunk, or who behaves in a disorderly manner, while carrying a firearm to which Part II applies, shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or to a fine not exceeding ten thousand shillings or to both. [Act No. 2 of 2002 , Sch.]

Section 34. Penalty for use and possession of firearms or imitation firearms in certain cases Section 34(1) If any person makes or attempts to make any use of a firearm or an imitation firearm with intent to commit any criminal offence he shall be guilty of an offence and liable to imprisonment of not less than seven, but not exceeding fifteen years, and where any person commits any such offence he shall be liable to the penalty provided by this subsection in addition to any penalty to which he may be sentenced for that other offence. Section 34(2) A firearm or imitation firearm shall, notwithstanding that it is not loaded or is otherwise incapable of discharging any shot, bullet or other missile, be deemed to be a dangerous weapon or instrument for the purposes of the Penal Code (Cap. 63). Section 34(3) In this section, "imitation firearm" means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not. [Act No. 8 of 1988 , s. 10, Act No. 2 of 2002 , Sch.]

Section 35. Appeals under this Part Section 35(1) Any person who is aggrieved by the refusal of an authorized officer to issue to him an import permit or export permit under section 27 , or by the revocation of any such permit, or by the refusal of a licensing officer to issue to him a removal permit under section 29 , or by the revocation of any such permit, or by the refusal of a licensing officer to grant him a transit permit under section 30 , or by the imposition of any condition attached to any such permit, or by the suspension or revocation of any such permit, may appeal to the Cabinet Secretary, whose decision shall be final. Section 35(2) The provisions of subsections (2) and (3) of section 23 shall apply mutatis mutandis to appeals under this section. [G.N. 1602/1955, L.N. 173/1960.]

Section 26A. Unlawful use, etc., of firearms by public officers Section 26A(1)(a) uses any Government firearm which is in his possession or under his control for any unlawful purposes; or Section 26A(1)(b) disposes of any Government firearm or ammunition to any person who is not under his immediate command without lawful authority; or Section 26A(1)(c) receives otherwise than in the course of and for his lawful duty from any person any ammunition; or Section 26A(1)(d) fails to account fully for all ammunition, issued to and used by him, Section 26A(2) Any person who unlawfully supplies by sale, gift, loan or otherwise to any public officer any Government or other firearm or any ammunition shall be guilty of an offence and liable to imprisonment for a term of not less than seven years and not more than fifteen years and shall, in addition, in the case of a public officer be automatically dismissed from the public service and, subject to section 113 of the Constitution, forfeit all rights to any pension, gratuity or other payment which may at the date of his conviction have accrued due to him. Section 26A(3) It shall not be a defence to a charge under this section that the act consti...

Section 36. Convicted persons not to possess firearms or ammunition; forfeiture of firearms and ammunition; and cancellation of firearm certificates Section 36(1)(a) is convicted of an offence under this Act or is convicted of an offence for which he is sentenced to imprisonment, or to detention of any description in an approved school or other place of detention; or Section 36(1)(b) has been ordered to be subject to police supervision, or to enter into recognizance to keep the peace or to be of good behaviour a condition of which is that the offender shall not possess, use or carry a firearm, or is subject to a probation order containing a requirement that he shall not possess, use or carry a firearm, Section 36(1)(i) the Court before whom that person is convicted or by whom the order is made may make such order as to forfeiture or disposal of any firearm or ammunition which was found in his possession or in respect of which the offence of which he is convicted was committed or which was used in the commission of the offence as the Court thinks fit, and may cancel any firearm certificate or permit under subsection (12) or subsection (13) of section 7 held by the person convicted;...

Section 37. Search warrants and disposal of firearms and ammunition seized Section 37(1)(a) to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found therein; and Section 37(1)(b) to seize and detain any firearm or ammunition which he may find on the premises or place, or on any such person, in respect of which or in connection with which he has reasonable ground for suspecting that an offence under this Act has been, is being or is about to be committed; and Section 37(1)(c) if the premises are those of a registered firearms dealer, to examine any books relating to the business. Section 37(2) A court may, on the application of a police officer, customs officer or licensing officer, order any firearm or ammunition seized and detained under this Act to be destroyed or otherwise disposed of. [Act No. 4 of 1960 , s. 19, Act No. 7 of 1963 , s. 2.]

Section 38. Disposal of firearms, etc. Section 38(1) Where any firearm or ammunition has been held for a period exceeding three months in a firearms store maintained by the Kenya Police Force, the Inspector-General of Police may order the destruction or other disposal of that firearm or ammunition together with any case, holster, strap, lanyard, cleaning equipment, spare part or other accessory packed, carried or stored with the firearm or ammunition. Section 38(2) Before destruction or disposal under subsection (1) the Inspector-General of Polcie shall take such steps as he deems possible and appropriate to give notice to the owner of the firearm or ammunition (if known) of his intention so to act, and subject thereto shall allow the owner a period of not less than two months within which to make arrangements to the satisfaction of the Inspector-General of Police for the disposal of the firearm or ammunition. Section 38(3) In the event of a firearm or ammunition being sold by the Inspector-General of Police or any person or body on his behalf, the proceeds of the sale, after deduction of the expenses of and incidental to the sale, shall be paid over to the owner or, if the owner c...

Section 39. Appeals in connection with disposal of firearms, etc. Section 39(1) Any owner aggrieved by any act or omission done or made under section 38 may, within fourteen days of the receipt of notice, whether written or oral, of the act or omission or, in the absence of notice, within thirty days of the act or omission, appeal to the Cabinet Secretary, whose decision thereon shall be final. Section 39(2) On an appeal under this section, the Cabinet Secretary may either dismiss the appeal or give such directions as he may think fit to the Inspector-General of Police as to the destruction, disposal, sale or retention of the firearm or ammunition which is the subject of the appeal. [Act No. 7 of 1963 , s. 3, Act No. 20 of 2020 , Sch.]

Section 40. Power to inspect premises Section A police officer may at all reasonable times enter upon any premises with a view to ascertaining whether or not the provisions of this Act or of any rules made thereunder are being complied with, and may inspect the premises and any firearm or ammunition, book, account, register, document or thing found therein, and may require any person appearing to be in control thereof or employed therein to give such information as such police officer may require in order to ascertain whether or not the provisions of this Act or of any rules made thereunder are being complied with.

Section 41. Penalty for obstructing a police officer Section Any person who obstructs a police officer in the exercise of any of the powers conferred on him by or under section 37 or section 40 , or who fails to give to a police officer any information which he is lawfully required by the police officer under either of those sections to give to him, shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding twenty thousand shillings, or to both. [Act No. 2 of 2002 , Sch.]

Section 42. Arrest without warrant Section A police officer may arrest without warrant any person whom he suspects on reasonable grounds of having committed an offence under this Act.

Section 43. Jurisdiction Section A magistrate holding a subordinate court of the first class shall have power to try any offence under this Act, other than an offence under subsection (1) of section 34 and to award any punishment provided therefor.

Section 44. Service of documents, notices, etc. Section by delivering it to the person to whom it is addressed; or

Section 45. Power to make rules Section prescribing the form of a firearm certificate, and of any register required to be kept under this Act, and of any other permit or document under this Act;

Section 46. Savings Section 46(1) The provisions of each Part of this Act shall be in addition to and not in derogation of the provisions of any other Part of this Act or of any other law for the time being in force relating to the manufacture, sale, transfer, purchase, acquisition, possession, use, storage, carriage, transportation, importation or exportation of firearms, ammunition or explosives. Section 46(2) Nothing in this Act relating to firearms shall apply to an antique firearm which is sold, transferred, purchased, acquired, imported, exported, transported or possessed as a curiosity or ornament. Section 46(3) Notwithstanding any rule of law whereunder the provisions of this Act do not bind the Government, the provisions of section 16 , subsections (3) and (4) of section 18 , section 33 and section 34 shall apply to persons in the service of the Government in their capacity and in the course of their duty as such.