88
CAP. 411A
Kenya Information and Communications
[Rev. 2011
communication apparatus, or any telecommunication apparatus, or
in the use of any apparatus for the purpose of interfering with any
radio communication or telecommunication, or uses any article or
property for disrupting the postal services in contravention of any of
the provision of this Act, the court may, in addition to any other penalty,
order all or any of the apparatus of the telecommunication system, the
radio-communication station or any such other apparatus, or article or
property in connection with which the offence was committed, to be
forfeited to the Commission:
Provided that the provisions of this subsection shall not apply to
radio-communication apparatus not designed or adapted for transmission
(as opposed to reception).
(2) The court by which any such apparatus, article or property is
ordered to be forfeited under this section may also order the person, by
whom the offence giving rise to the forfeiture was committed, not to
dispose off that apparatus, article or property except by delivering it to
the Commission within such period as the court may deem fit.
(3) If a person against whom an order is made under subsection
(2) contravenes that order or fails to deliver such apparatus, article or
property to the commission as required, he shall be guilty of a further
offence which, for the purpose of determining the appropriate penalty
shall be treated as an offence under the same provision as the offence
for which the forfeiture was ordered.
Disposal of property
seized under section
90.
92. (1) Any property seized by a person authorised by a warrant
under section 89 may be detained—
(a) until the end of the period of six months from the date of
the seizure; or
(b) if proceedings in respect of an offence involving that
property are instituted within that period, until the conclusion
of those proceedings, or such shorter period as the court
may order.
(2) After the end of the period for which its detention is authorised
by virtue of subsection (1) above, any such property which:
(a) remains in the possession of the Commission, and
(b) has not been ordered to be forfeited under section 91.
shall be dealt with in accordance with the following provisions of this
section.