( 4) Any person who
(a) willfully obstructs an inspector in the
discharge of the inspector's duties; or
(b) willfully fails to comply with any requirement properly made to him by an inspector; or
(c) without reasonable cause fails to give to the inspector any assistance or information which the
inspector may reasonably require of that person for the purpose of the performance of his duties
under this Act; or
(d) in giving any such information as is mentioned in subparagraph (c), makes any statement which
he knows to be false or does not believe to be true, shall be guilty of an offence and shall be liable to
a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six
months or to both.
42. Any police officer may arrest, without a warrant, any person whom he suspects upon
reasonable grounds of having committed any offence under this Act and any officer of the Board
who at the time is wearing a visible badge of office and authorized thereto in writing by the Board,
may arrest, without warrant, any person who, in his presence, commits any such offence and may
detain such person until he can be delivered into the custody of a police officer to be dealt with
according to law:
Provided that no person shall be arrested or detained without warrant unless reasonable
grounds exist for believing that, except by the arrest of such person, he may not be found or made
answerable to justice without unreasonable delay, trouble or expense.
43.(1) The Attorney-General may, pursuant to the provisions of the Criminal Procedure Code,
appoint public prosecutors for the purposes of cases arising under this Act.
(2) The Board shall, for the purposes of section 171(4) of the Criminal Procedure Code, be
deemed to be a public authority.
44. An inspector shall not be personally liable in respect of any act done in good faith by him in
the course of his employment and in the execution or purported execution of any duty under this Act.
PART VI - PUBLIC DOMAIN
45.(1) The following works shall belong to the
public domain
(a) works whose terms of protection have expired;
(b) works in respect of which authors have
renounced their rights; and
(c) foreign works which do not enjoy protection in Kenya.
(2) For the purposes of paragraph (b), renunciation by an author or his successor in title of
his rights shall be in writing and made public but any such renunciation shall not be contrary to any
previous contractual obligation relating to the work.