Rev. 2011]
Kenya Information and Communications
CAP. 411A
89
(4) The Commission shall take reasonable steps to deliver the
property to the person who, in the opinion of the Commission, is the
owner of that property and such owner shall indemnify the Commission
against any claims that may arise under sub-section (5).
(5) Where the property remains in the possession of the
Commission after the end of the period of one year immediately
following the end of the period for which its detention is authorised
under subsection (1), the Commission may dispose of it in such manner
as it thinks fit.
(6) The delivery of the property in accordance with subsection
(3) to any person appearing to the Commission to be its owner shall not
affect the right of any other person to take legal proceedings against
the person to whom it is delivered or against anyone subsequently in
possession of the property for the recovery of that property.
93. (1) No information with respect to any particular business General restrictions
on disclosure of
which—
information.
(a) has been obtained under or by virtue of the provisions of
this Act; and
(b) relates to the private affairs of any individual or to any
particular business, shall, during the lifetime of that
individual or so long as that business continues to be carried
on be disclosed by the Commission or by any other person
without the consent of that individual or the person for the
time being carrying on that business.
(2) Subsection (1) shall not apply to any disclosure of information
which is made—
(a) for the purpose of facilitating the performance of any
statutory functions of the Commission; or
(b) in connection with the investigation of any criminal offence
or for the purposes of any criminal proceedings; or
(c) for the purpose of any civil proceedings brought under or
by virtue of this Act.
(3) Any person who discloses any information in contravention
of this section commits an offence and shall on conviction be liable to
a fine not exceeding one hundred thousand shillings.