Rev. 2011]
Kenya Information and Communications
CAP. 411A
87
conferred on him under this section; or
(b) fails or refuses to give to any such authorised person any
assistance which he is, under this section, under a duty to
give to him; or
(c) discloses, otherwise than for the purpose of this Act or any
report of proceedings thereunder, any information by means
of the exercise of powers under this Act, being information
with regard to any manufacturing process or trade secret,
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 three years or to both.
(5) For purposes of this section “court” means a Resident
Magistrate’s Court.
90. (1) A search warrant granted under section 89 may authorise Seizure of apparatus,
the person or persons named in it to seize and detain, for the purposes article or other
of any relevant proceedings, any radio-communication apparatus, property.
telecommunication apparatus, article or other thing found in the course
of the search carried out in pursuance of the warrant which appears to
have been used in connection with or to be evidence of the Commission
of any offence under this Act.
(2) If a police officer or any person authorised by a warrant to
exercise the power conferred under this section has reasonable grounds
to suspect that an offence under this Act has been or is being committed,
he may seize and detain, for the purposes of any relevant proceedings,
any radio-communication apparatus, telecommunication apparatus
article or other thing which appears to have been used in connection
with or to be evidence of the Commission of any such offence.
(3) Nothing in this section shall prejudice any power to seize
or detain property which is exercisable by a police officer under the Cap. 84.
Police Act.
(4) Any person who intentionally obstructs the authorised person
in the exercise of the power conferred on him under subsection (3)
commits an offence and shall be liable on conviction to a fine not
exceeding one hundred thousand shillings, or to imprisonment for a
term not exceeding one year or to both.
91. (1) Where a person is convicted of an offence under this Forfeiture of property
Act for contravening of any of the provisions relating to any radio used in commission
communication station or telecommunication system, or any radio of offence.