Prohibition of Anti-Personnel Mines Act

Section 1. Short title Section This Act may be cited as the Prohibition of Anti-Personnel Mines Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "anti-handling device" means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine; "anti-personnel mine" means a mine that is designed, altered or intended to explode by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons. Mines that are designed, altered or intended to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that are equipped with anti-handling devices are not considered to be anti-personnel mines as result of being so equipped; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to defence; "Convention" means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, set out in the Schedule to this Act, as amended from time to time in accordance with Article 13 of the Convention therein; "mine"...

Section 3. Implementation of the Convention Section 3(1) Subject to this Act, the Convention set out in the Schedule shall have the force of law in Kenya. Section 3(2) The Cabinet Secretary may from time to time by notice in the Gazette , amend the Schedule to reflect any changes made to the Convention, or any other subsequent protocols which may be ratified or acceded to by the Republic, if those changes are binding on the Republic.

Section 4. Purpose of the Act Section The purpose of the Act is to implement Kenya’s obligations under the Convention.

Section 5. Act to bind the State Section This Act shall bind the State.

Section 6. Prohibited conduct Section 6(1)(a) use an anti-personnel mine; Section 6(1)(b) develop or produce a prohibited object; Section 6(1)(c) participate in the acquisition, stockpiling, retention or transfer of a prohibited object; Section 6(1)(d) have a prohibited object in his possession; or Section 6(1)(e) participate in the transfer of a prohibited object. Section 6(2) Subject to the provisions of this Part, no person shall assist, encourage or induce any other person to engage in any conduct mentioned in subsection (1). Section 6(3) A person who contravenes this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or both. Section 6(4) A person who aids, abets, encourages assists counsels, procures, incites, finances, attempts, conspires or convinces any person to engage in prohibited conduct specified in subsection (1) commits an offence and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 7. Application of prohibitions to places outside Kenya Section 7(1) Section 6 (1) applies to conduct in Kenya or elsewhere. Section 7(2) Section 6 (2) applies to assistance, encouragement and inducements in Kenya or elsewhere, and so applies irrespective of whether the conduct assisted, encouraged or induced takes place, or (if it takes place) takes place in Kenya or elsewhere. Section 7(3)(a) conduct outside Kenya; and Section 7(3)(b) assistance, encouragement and inducements outside Kenya, Section 7(4) Proceedings for an offence under section 6 committed outside Kenya may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in Kenya.

Section 8. Authorised conduct Section 8(1) In proceedings for an offence under section 6 , it is a defence for the accused to satisfy the court that his conduct was authorised by this section. Section 8(2)(a) it is with the intention that the object will be used only for purposes permitted by subsection (8); and Section 8(2)(b) the transfer in question is authorized by the Cabinet Secretary for the purposes of this subsection. Section 8(3) A person's participation in the transfer of a prohibited object is authorised by this section if it is only for the purpose of enabling the object to be destroyed. Section 8(4) The possession by a person of a prohibited object is authorised by this section if it is only for the purpose of enabling the object to be destroyed. Section 8(5)(a) it is with the intention that the object will be used only for purposes permitted by subsection (8); and Section 8(5)(b) the object is one which the Cabinet Secretary has for the purposes of this subsection authorized him to have in his possession. Section 8(6)(a) the acquisition concerned is by means of a transfer which is authorised by virtue of subsection (2) or (3); and Section 8(6)(b) with the intention t...

Section 9. International military operations Section 9(1)(a) takes place in the course of, or for the purposes of, a military operation to which this section applies, or the planning of such an operation; and Section 9(1)(b) is not, and does not relate to, the laying of anti-personnel mines in contravention of the Ottawa Convention. Section 9(2)(a) the conduct was in the course of, or for the purpose of, a military operation or the planning of a military operation; Section 9(2)(b) the conduct was not the laying of an anti-personnel mine; Section 9(2)(c) at the time of the conduct he believed on reasonable grounds that the operation was or would be an operation to which this section applies; and Section 9(2)(d) he did not know, and had no reason to suspect, that the conduct related to the laying of anti-personnel mines in contravention of the Ottawa Convention. Section 9(3)(a) which takes place wholly or mainly outside Kenya; Section 9(3)(b) which involves the participation both of members of the defence forces of the Republic and of members of the defence forces of a State other than Kenya; and Section 9(3)(c) in the course of which there is or may be some deployment of anti-person...

Section 10. Suspicious objects Section 10(1)(a) has reasonable grounds to suspect that an object is a prohibited object; and Section 10(1)(b) has reasonable grounds to believe that the person in possession of the prohibited object is not a person whose possession of it is authorised by section 8 , Section 10(1)(c) the Cabinet Secretary may serve a notice under this section on any person mentioned in subsection (3). Section 10(2)(a) describe the object and state its location; Section 10(2)(b) state that the Cabinet Secretary suspects that the object is a prohibited object and give the reasons for his suspicion; Section 10(2)(c) state that he is considering whether to secure its destruction under this Part; Section 10(2)(d) state that any person may make representations in writing to the Cabinet Secretary that the object is not a prohibited object or that it is lawfully in his possession; and Section 10(2)(e) state that a person on whom the notice is served and who has the object in his possession shall not relinquish possession before a date specified in the notice. Section 10(3)(a) any person who appears to the Cabinet Secretary to have the object in his possession; or Section 10(3...

Section 11. Power to remove or immobilise objects Section 11(1)(a) that a prohibited object is on any premises; and Section 11(1)(b) that none, or not all, of the persons in possession of the object are persons whose possession of the object is authorised by section 8 , Section 11(2)(a) that a prohibited object is on any premises; and Section 11(2)(b) that none, or not all, of the persons in possession of the object are persons whose possession of it is authorised by section 8 , Section 11(3)(a) may seize and remove it if it is reasonably practicable to do so; or Section 11(3)(b) may, in any case, affix a warning to the object, or in a conspicuous position to something near the object, stating that the object is not to be moved or interfered with before the date specified in the warning. Section 11(4) A person shall not exercise the powers conferred by subsection (3) if he is satisfied that the only persons in possession of the object are persons whose possessions of it is authorised by section 8 . Section 11(5) For the purposes of subsection (3), an object is made safe if, without being destroyed, it is prevented from being an immediate danger (by the disconnection of a detonator...

Section 12. Power to destroy removed objects Section 12(1)(a) the first six-month period is the period of six months beginning with the day after the removal; and Section 12(1)(b) the second six-month period is the period of six months beginning with the day after the first six-month period ends. Section 12(2)(a) any person appears to the Cabinet Secretary to have had the object in his possession immediately before its removal; or Section 12(2)(b) any other person appears to the Cabinet Secretary to have an interest which the Cabinet Secretary believes would be materially affected by the object’s destruction, the Cabinet Secretary shall serve on that person a notice under this section. Section 12(3)(a) describe the object and state its location; Section 12(3)(b) state that the Cabinet Secretary proposes to secure its destruction and give the reasons for his proposal; Section 12(3)(c) state that the person on whom the notice is served may object to the Cabinet Secretary's proposal; and Section 12(3)(d) shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and Section 12(3)(d)(i) shall be made in writing to the Cabinet Secretary before such...

Section 13. Power to enter premises and destroy objects Section 13(1)(a) the first six months of the warning is the period of six months beginning with the day after the warning was affixed; and Section 13(1)(b) the second six months of the warning is the period of six months beginning with the day after the first six months of the warning ends. Section 13(2)(a) any person had the prohibited object in his possession immediately before the warning was affixed; or Section 13(2)(b) any other person has an interest which would be materially affected by the object's destruction, Section 13(3)(a) describe the object and state its location; Section 13(3)(b) state that the Cabinet Secretary proposes to secure its destruction and give the reasons for his proposal; Section 13(3)(c) state that the person on whom the notice is served may object to the Cabinet Secretary's proposal; and Section 13(3)(d) shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and Section 13(3)(d)(i) shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and Section 13(3)(d)(ii) shall state why the object should not be destroyed....

Section 14. Compensation for destruction Section 14(1)(a) an object has been destroyed under section 12 or 13 ; Section 14(1)(b) he had an interest which was materially affected by the destruction; and Section 14(1)(b)(i) he had an interest which was materially affected by the destruction; and Section 14(1)(b)(ii) he sustained a loss as a result of the destruction; and Section 14(1)(c) notice was not served on the person under the section concerned (whether or not one was served on any other person. Section 14(2) The High Court, on application made by the person concerned and on finding his claim to be justified, may order the Cabinet Secretary to pay to the person such amount, if any, by way of compensation as the Court thinks just; Provided that, if the Court is satisfied that the object would have been destroyed even if notice had been served on the applicant under the section concerned, no compensation shall be payable under this section.

Section 15. Offences relating to destruction, etc Section 15(1)(a) on whom a notice has been served under section 10 in relation to an object that was in his possession at the time the notice was served; and Section 15(1)(b) who, without reasonable excuse, relinquishes possession of the object before the date specified under section 10 (2)(e), Section 15(2) A person who willfully obstructs any person acting, or attempting to act, in pursuance of any of the provisions of this Part commits an offence. Section 15(3)(a) interferes with a warning affixed under section 11 in relation to an object; or Section 15(3)(b) before the date specified in the warning, moves or interferes with the object, commits an offence. Section 15(4) A person who commits an offence under the provisions of this section shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both. Section 15(5) A person who knowingly makes a false or misleading statement in response to a copy of a notice served under any of the provisions of this Part commits an offence, and shall be liable on conviction to a fine not exceeding five hundred t...

Section 16. Rights of entry, etc., for fact-finding missions Section 16(1) Where it is proposed that any of the functions of a fact-finding mission should be carried out in Kenya, the Cabinet Secretary may issue an authorisation under this section in respect of that mission. Section 16(2)(a) contain a description of the area of Kenya (in this section referred to as the "specified area") in which the fact-finding mission is to carry out functions; and Section 16(2)(b) state the names of the members of the mission. Section 16(3)(a) to exercise within the specified area such rights of access, entry and unobstructed inspection as are required for the purposes of the carrying out of the mission's functions under the Ottawa Convention; and Section 16(3)(b) to do such other things within that area in connection with the carrying out of the mission's functions as they are entitled to do by virtue of that Convention. Section 16(4) Such an authorisation shall, in addition, have the effect of authorising any member of the police force to give such assistance as any member of the fact-finding mission may request for the purpose of facilitating the carrying out of the functions of the mission i...

Section 17. Offences in connection with fact-finding missions Section 17(1)(a) by a member of such a mission; or Section 17(1)(b) by a member of the police force assisting such a mission, Section 17(2) A person who willfully obstructs any member of an authorised fact-finding mission in the carrying out of the mission’s functions under the Ottawa Convention commits an offence. Section 17(3) A person who knowingly makes a false or misleading statement to any member of an authorised fact finding mission in the carrying out of the missions functions under the Ottawa convention commits an offence. Section 17(4) A person who commits an offence under this section shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

Section 18. Privileges and immunities for fact-finding missions Section 18(1)(a) immunity from suit and legal process in respect of things done or omitted to be done by them in the carrying out of their functions under the Ottawa Convention; Section 18(1)(b) the like immunity from personal arrest or detention and the like inviolability for all papers and documents as, in accordance with the Privileges and Immunities Act (Cap. 179), are accorded to a diplomatic agent; and Section 18(1)(c) the like exemptions and privileges in respect of their personal baggage as, in accordance with that Act, are accorded to a diplomatic agent. Section 18(2)(a) for the purpose of carrying out in Kenya any of the functions of the mission; or Section 18(2)(b) while in transit to or from a country or territory in connection with the carrying out, in that country or territory, of any of the functions of the mission. Section 18(3) If any of the immunities, privileges or exemptions accorded to a member of a fact-finding mission under this section is waived in any particular case by the Secretary General of the United Nations, this section shall have effect in that case as if it did not confer that immunity...

Section 19. Administrative issues Section The Cabinet Secretary shall take the necessary administrative measures for purposes of facilitating the accommodation, transportation, security and related needs of the fact-finding mission while on Kenyan territory.

Section 20. Reimbursement of expenditure Section The Cabinet Secretary may reimburse any person in respect of expenditure incurred in connection with the carrying out of the functions of a fact-finding mission.

Section 21. Delegation by Cabinet Secretary Section 21(1) The Cabinet Secretary may delegate to any senior officer under the control, direction and supervision of the Cabinet Secretary, by name or office, any of the functions and powers imposed or conferred on the Cabinet Secretary under this Act except for the power to make rules under section 29 . Section 21(2) Any delegation under this section shall not prevent the Cabinet Secretary from personally exercising or performing such delegated function or power. Section 21(3)(a) be made subject to such conditions, limitations or restrictions as may be specified in the instrument of delegation; and Section 21(3)(b) be revoked or varied.

Section 22. Information and records for Ottawa convention purposes Section 22(1) The Cabinet Secretary may, by notice require a person to give, in a prescribed form and within a reasonable period specified in the notice, such information as may be so specified, being information which the Cabinet Secretary has reasonable grounds to believe is or will be needed in connection with anything to be done for the purposes of the Ottawa Convention. Section 22(2) Information required by a notice under subsection (1) may relate to a state of affairs subsisting before or after the coming into force of this Act or of the Ottawa Convention. Section 22(3) The Cabinet Secretary may, by notice require a person to keep such records as may be specified in the notice, being records which the Cabinet Secretary has reasonable cause to believe will facilitate the giving of information which that person may at any time be required to give under subsection (1). Section 22(4) A person who does not comply with a notice given under this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or...

Section 23. Power to search and obtain evidence Section 23(1)(a) that an offence under this Act is being, has been or is about to be committed on any premises; or Section 23(1)(b) that evidence of the commission of such an offence is to be found on the premises, Section 23(2)(a) inspect any document found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Act; Section 23(2)(b) take copies of, or seize and remove, any such document; Section 23(2)(c) inspect, seize and remove any device or equipment found on the premises which he has reasonable cause to believe may be required as such evidence; and Section 23(2)(d) inspect, sample, seize and remove any substance found on the premises which he has reasonable cause to believe may be required as such evidence. Section 23(3)(a) under the authority of a warrant; or Section 23(3)(b) by virtue of subsection (2)(a), Section 23(4) A person who willfully obstructs another in the exercise of any power conferred by a warrant under this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shil...

Section 24. Disclosure of information Section 24(1)(a) was obtained under, or in connection with anything done under, this Act or the Ottawa Convention; and Section 24(1)(b) relates to a particular business or other activity carried on by any person. Section 24(2)(a) with the consent of the person for the time being carrying on the business or activity; Section 24(2)(b) in connection with anything done for the purposes of the Ottawa Convention; Section 24(2)(c) in connection with anything done for the purposes of this Act; Section 24(2)(d) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings; Section 24(2)(e) in connection with the enforcement of any restriction on imports or exports; or; Section 24(2)(f) with a view to ensuring the security of Kenya. Section 24(3) A person who discloses information in contravention of this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both. Section 24(4) Nothing in this or any other Act or law shall be deemed to prevent a disclosure of any information to which this...

Section 25. Customs and Excise prosecutions Section 25(1)(a) the movement of a prohibited object into or out of any country or territory; or Section 25(1)(b) any proposal or attempt to move a prohibited object into or out of any country or territory, Section 25(2) Any proceedings instituted under subsection (1) should be commenced in the name of an officer authorised by the Commissioner of Customs for the purpose. Section 25(3) In the case of the death, removal, discharge or absence of the officer in whose name any such proceedings were commenced, those proceedings may be continued by another officer authorised by the Commissioner.

Section 26. Forfeiture in case of conviction Section 26(1) The court may order that anything shown to the court's satisfaction to relate to the offence shall be forfeited and thereupon destroyed or otherwise dealt with in such manner as is specified in the order. Section 26(2) In particular, the court may declare that the thing is to be dealt with as the Cabinet Secretary may see fit; and in such a case, the powers of the Cabinet Secretary shall include power to direct the destruction of that thing or to secure its dispoal in any other way that appears to him appropriate. Section 26(3)(a) the court proposes to declare anything to be forfeited under this section; and Section 26(3)(b) a person claiming to have an interest in it applies to be heard by the court,

Section 27. Offences by bodies corporate etc. Section 27(1)(a) a director, manager, secretary or other officer of the body corporate; or Section 27(1)(b) any person who was purporting to act in any such capacity, Section 27(2) In subsection (1), "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Section 28. Warrants and authorisations Section 28(1) A person acting under an authorisation or warrant under this Act may take with him such other persons and such equipment as appear to him to be necessary. Section 28(2) If the authorisation or warrant so provides, the powers conferred on any person by an authorisation or warrant under this Act shall be exercisable only in the presence of a member of the police force. Section 28(3)(a) in relation to which it is proposed to exercise a right of entry in reliance on an authorisation or warrant under this Act; or Section 28(3)(b) on which an inspection is being carried out in reliance on such an authorisation or warrant,

Section 29. Rules Section The Cabinet Secretary may make such rules, not inconsistent with this Act, as may be necessary or expedient for carrying out or giving effect to this Act.