92
CAP. 411A
Kenya Information and Communications
[Rev. 2011
diligence to prevent the commission of the offence as he ought to have
exercised having regard to the nature of his functions in that capacity
and to all the circumstances.
(2) Where a person is convicted of an offence under this Act in
relation to the unlawful use of any telecommunication system or radio
communication apparatus, or to the use of any apparatus or property
for the purpose of interfering with any telecommunication, radio
communication or postal services, the court may, in addition to any
other penalty, order all or any of the apparatus or property with which
the offence was committed to be forfeited to the Commission.
(3) Where the affairs of the company or body corporate are
managed by its members, subsection (1) shall apply in relation to
the acts and defaults of a member in connection with his functions
of management as if he were a director of that Company or body
corporate.
Property of the
Commission in the
custody of employee.
97. (1) Where any employee of the Commission dies or leaves the
service of the Commission and at the time of such death or termination
of service any premises of the Commission were occupied by him or
any property of the Commission was in his possession, it shall be the
duty of such employee or, in the event of his death, of the person in
whose possession such property may be or who may be occupying
such premises, as soon as practicable, to deliver such property to the
Commission or to vacate such premises.
(2) If any property or premises to which subsection (1) refers, is
not delivered to the Commission or vacated, the Director General shall
give notice in writing to the person appearing to him to be in possession
of such property or in occupation of such premises to deliver to the
Commission such property or vacate such premises within such time as
may be specified in the notice and if such property is not so delivered
or such premises are not so vacated within such time, the Director
General may, without prejudice to any other means of recovery, apply to
a Resident Magistrate for an order empowering a police officer to enter
and search any house or building where such property is believed to be
and to deliver such property, if found, to the Commission or, as the case
may require, to evict from such premises any person found therein.
Limitation.
98. Where any action or other legal proceeding is commenced
against the Commission for any act done in pursuance or execution,
or intended execution of this Act or of any public duty or authority, or
in respect of any alleged neglect or default in the execution of this Act
or of any such duty or authority, the following provisions shall have
effect—