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Section 1001 of The Companies Act No. 17 of 2015: Power to enter and search of premises under warrant

    

(1) A Court or magistrate may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Attorney General, or by a person appointed or authorised to exercise powers under this Part, that there are reasonable grounds for believing that there are on any premises documents whose production has been required under this Part and that have not been produced in compliance with the requirement.
(2) A Court or magistrate may also issue a warrant under this section if satisfied on information on oath given by or on behalf of the Attorney General, or by a person appointed or authorised to exercise powers under this Part—
(a) that there are reasonable grounds for believing that an offence has been committed for which the maximum penalty on conviction is a fine of five hundred thousand shillings and that there are on any premises documents relating to whether the offence has been committed;
(b) that the Attorney General, or the person so appointed or authorised, has power to require the production of the documents under this Part; and
(c) that there are reasonable grounds for believing that if production was so required the documents would not be produced but would be removed from the premises, hidden, tampered with or destroyed.
(3) A warrant under this section authorises a police officer, together with any other person named in it and any other police officers—
(a) to enter the premises specified in the information, using such force as is reasonably necessary for the purpose;
(b) to search the premises and take possession of any documents appearing to be such documents as are referred to in subsection (1) or (2), or to take, in relation to any such documents, any other steps that may appear to be necessary for preserving them or preventing interference with them;
(c) to make copies of any such documents and to take them away; and
(d) to require any person named in the warrant to provide an explanation of them or to state where they may be found.
(4) If, in the case of a warrant under subsection (2), the Court or magistrate is satisfied on oath that there are reasonable grounds for believing that there are also on the premises other documents relevant to the investigation, the Court or magistrate shall also authorise the actions referred to in subsection (3) to be taken in relation to those documents.
(5) A warrant issued under this section has effect for one month from and including the day on which it is issued.
(6) Any documents of which possession is taken under this section may be retained—
(a) for up to three months; or
(b) if, within that period, proceedings to which the documents are relevant are begun against a person for an offence, until the conclusion of those proceedings.
(7) A person who—
(a) intentionally obstructs the exercise of a right conferred by a warrant issued under this section; or
(b) fails without reasonable excuse to comply with a requirement imposed in accordance with subsection (3)(d),
commits an offence and on conviction is liable to a fine not exceeding five
hundred thousand shillings.

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Disclaimer: This document is not to be taken as legal advise.

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