OFFENCES, PENALTIES, FORFEITURES AND OTHER LEGAL PROCEEDINGS
96. Disposal of trophies during proceedings
(1) At any stage of the proceedings under this Act, the court may, on an application made by the prosecution in that behalf, order that any animal, trophy, weapon, vehicle, vessel or other article which has been tendered or put in evidence before it and which is subject to speedy decay, destruction or depreciation be placed at the disposal of the Director General.
(2) Where the article in respect of which an order under subsection (1) is made is not an animal or trophy, the court may, if it is satisfied that it would be just to do so, attach to the order a condition that the Director General shall not dispose of that article until the expiration of three months from the date of making of that order.
(3) Notwithstanding the provisions of any written law to the contrary, on the expiration of three months from the making of an order under subsection (1) to which the condition under subsection (2) was attached, the order of the court shall be final and shall operate as a bar to any claim by or on behalf of any person claiming ownership of, or any interest in the article by virtue of any title arising before the order was made.
100. Offences relating to licenses
(1) Any person who;
(a) fraudulently forges, alters or defaces any license, permit, permit book, written permission or authority granted or purporting to have been granted under this Act;
(b) fraudulently presents any such forged license, permit, permit book, permission or authority; or
(c) obtains any license, permit, permission or authority by fraud, misrepresentation of a material fact or by false pretense, commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than five years.
(2) Any license, permit, permission or written authority, which has been forged or obtained by fraud, misrepresentation of a material fact or by false pretense shall be void ab initio.
101. Offences relating to bodies corporate
(1) When an offence against this Act, is committed by a body corporate, the body corporate and every director or officer of the body corporate who had knowledge of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, shall be guilty of an offence.
(2) Where an offence against this Act is committed under this Act by a partnership, every partner or officer of the partnership who had knowledge or who should have had knowledge of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, commits an offence.
(3) A person shall be personally liable for an offence against this Act, whether committed by him on his own account or as an agent or servant of another person.
(4) An employer or principal shall be liable for an offence committed by an employee or agent against this Act, unless the employer or principal proves that the offence was committed against his express or standing directions.
102. Powers of Search and Arrest
(1) An authorized officer shall have and exercise the powers-
(a) of a police officer of or above the rank of Assistant Superintendent of Police and the provisions of the Police Force and Auxiliary Services Act conferring upon police officers, powers necessary or expedient for the prevention, combating and investigation of offence; and
(b) to arrest, enter premises, search, detain suspects and seize property where there is a reasonable cause to believe that an offence involving wildlife has been or is about to be committed by the suspect in the premises or in relation to the property.
(2) Where any property is seized in pursuance of the powers conferred in paragraph (b) of subsection (1), the Director General or a person authorized by him seizing the property shall issue a receipt acknowledging seizure of that property, bearing the signature of the owner or occupier of the premises of his near relative or other person for the time being in possession or control of the premises and the signatures of witnesses to the search.
(3) Without prejudice to any other law, where any authorized officer has reasonable grounds to believe that any person has committed or is about to commit an offence under this Act he may;
(a) require any such person to produce for his inspection any animal, game meat, trophy or weapon in his possession or any license, permit other document issued to him or required to be kept by him under the provisions of this Act or the Arms and Ammunition Act;
(b) enter and search without warrant any land, building, tent, vehicle, aircraft or vessel in the occupation or use of such person, open and search any baggage or other thing in his possession.
4. In fulfilling the requirements of Sub section 1 (a) and (b), the respective officer may seize any animal, livestock, game meat, trophy, weapon, license, permit or other written authority, vehicle, vessel or aircraft in the possession or control of any person and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest and detain him.
5. No dwelling house shall be entered into without a warrant except in the presence of at least one independent witness from the respective locality.
6. It shall be lawful for any authorized officer at all reasonable times to enter the licensed premises of any trophy dealer and to inspect the records which are required to be kept under the provisions of this Act.
7. Any person detained or things seized under the powers conferred upon the authorized officer by this Act may be placed in custody and shall be taken as soon as possible before a court of competent jurisdiction to be dealt with according to law.
8. It shall be lawful for any authorized officer to stop and detain any person who he sees doing, or suspects of having done, any act for which a license, permit, permission or authority is required under the provisions of this Act for the purpose of requiring such person to produce the same or to allow any vehicle, vessel or aircraft of which he is the owner or over which he has control to be searched.
9. It shall be lawful for any authorized officer to order any person stopped or arrested by him to submit in writing his name and address and the details of any license, permit or other authority issued to him or any other article, thing or document in his possession.
10. Any person who fails to produce his license, permit, permission or authority when required to do so, or fails to stop when ordered or signaled to do so, or fails to allow any vehicle, vessel or aircraft of which he is the owner or over which he has control to be searched, commits an offence and may be arrested without a warrant unless he furnishes in writing his name and address and otherwise satisfies the authorized officer that he will duly answer any summons or other proceedings which may be taken against him.
11. Where an owner or a person in control of a seized property fails to appear or absconds and abandons his property for a period of thirty days, the Director General or an authorized officer shall confiscate the seized property for the Government.
12. In any proceedings for failure to stop a vehicle, vessel or an aircraft when required or signaled to do so by an authorized officer, the owner of the vehicle, vessel or aircraft shall, unless the contrary is proved by him, be presumed to have been the person in charge of or having control over the vehicle, vessel or aircraft at the time when the offence was alleged to have been committed.
13. A person who commits an offence under this section shall be liable, on conviction, to a fine of not less than two million shillings or to imprisonment for a term of not less than three years or to both such fine and imprisonment.
(1) Where a person is convicted of an offence under this Act, the court shall order forfeiture for the Government of -
(a) an animal, livestock or trophy in respect of which the offence was committed;
(b) a weapon in the possession or under the control of the accused at the time when the offence was committed, whether or not there is any evidence to show that the weapon was actually employed by the accused in the commission of the offence;
(c) an article or thing used for the storage, processing, preparation, cooking or otherwise dealing with an animal, game meat or trophy in relation to which the offence was committed;
(d) a vehicle, vessel, aircraft, tent, camping equipment or other article or thing in respect of which the court is satisfied that it was used or employed in the commission of the offence or for the conveyance or storage of an animal, game meat or other trophy in relation to which the offence was committed or for the conveyance or comfort of the accused while engaged in the commission of the offence;
(2) The court shall order forfeiture in accordance with the provisions of subsection (1), notwithstanding that the vehicle, vessel, aircraft, weapon, article or thing to be forfeited
was owned by a person other than the accused: Provided that where on the application of the owner of a weapon, vehicle, vessel or an aircraft the court is satisfied that-
(a) the owner did not know and could not by reasonable diligence have known that the weapon, vehicle, vessel or aircraft was intended by the accused to be used or employed for any of purpose which rendered liability for forfeiture;
(b) the weapon, vehicle, vessel or aircraft has not previously been used for or in connection with the commission of any offence under this Act; or
(c) having regard to all the circumstances it is just and equitable that the weapon, vehicle, vessel or aircraft not to be forfeited,
the court may make no order for the forfeiture of the weapon, vehicle, vessel or aircraft.
(3) An animal, livestock, trophy, weapon, vehicle, vessel, aircraft or other article forfeited for the Government under this Act shall be placed at the disposal of the Director General.
(4) A trophy or other article, other than a government trophy, placed at the disposal of the Director General under this section shall be deemed to be a Government property.