86
CAP. 411A
Kenya Information and Communications
[Rev. 2011
or vehicle, for the purpose of obtaining such information
which will enable the Commission to gather necessary
evidence in accordance with the provision of subsection
(1);
(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,
the court may grant written authorisation under its hand and seal
empowering any person or persons authorised in that behalf by the
Commission and named in the authorisation, with any police officer, to
enter and search the premises or as the case may be, the vessel, aircraft
or vehicle with a view to discovering whether any station, apparatus,
article or thing as aforesaid is situate thereon, and to examine and test
it with a view to obtaining such information as aforesaid:
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 reasonable grounds for believing that the
use of the station or apparatus in question is likely to
cause undue interference with any radio-communication
used for the purposes of any safety-of life-service or any
purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend; or
(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