(9) No prosecution for an offence under this section shall be instituted
(a) deleted
(b) except, before the High Court or a Resident Magistrate's Court.
(10) One half of all fines imposed and recovered by a competent court in respect of the
contravention of any of the provisions of this Act or of any regulations made thereunder shall be
paid into the revenues of the Board and the otl}er half shall be paid into the general revenues of
Kenya.
PART V - INSPECTION
39. (1) The Board shall, for the purposes of enforcing the provisions of this Act, appoint such
number of inspectors as the Board considers appropriate and shall issue to them, in writing or in such
form as may be prescribed, certificates of authority to act as such inspectors.
(2) In addition to inspectors appointed under subsection (1), any member of the Board or a
police officer may perform the functions of an inspector under this Act.
(3) A person appointed as an inspector shall hold office subject to such conditions as the
Board may determine with approval of the Minister.
40. Subject to the provisions of this section, an inspector may, at any reasonable time and on
production of his certificate of authority, enter any premises, ship, aircraft or vehicle for the purpose
of ascertaining whether there is or has been, on or in connexion with such premises, ship, aircraft or
vehicle any contravention of this Act.
41.(1) For the purpose of ascertaining whether there is or has been a contravention of this Act,
an inspector may inspect
(a) any substance or article appearing to him to be a work;
(b) any container or package used or intended to be used to contain any work; or
(c) any plant or equipment appearing to him to be used or intended to be used in connexion with
the production, reproduction or otherwise manufacture of a work.
(2) An inspector may seize and detain any substance or article which he has reasonable cause
to believe to be an infringing copy of any work or in relation to which or by means of which he has
reasonable cause to believe that an offence under this Act has been or is being committed, and any
document which he has reasonable cause to believe to be a document which may be required in
proceedings under this Act.
(3) Where an inspector seizes any work he shall in writing, notify the person from whom it is
seized the fact of that seizure and shall in that notification specify any item seized.