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Section 92 of The Kenya Information and Communications Act CAP 411A: Disposal of property seized under section 90

    

(1) Any property seized by a person authorised by a warrant under section 89 may be detained—
(a) until the end of the period of six months from the date of the seizure; or
(b) if proceedings in respect of an offence involving that property are instituted within that period, until the conclusion of those proceedings, or such shorter period as the court may order.
(2) After the end of the period for which its detention is authorised by virtue of subsection (1) above, any such property which;
(a) remains in the possession of the Commission; and
(b) has not been ordered to be forfeited under section 91, shall be dealt with in accordance with the following provisions of this section.
(4) The Commission shall take reasonable steps to deliver the property to the person who, in the opinion of the Commission, is the owner of that property and such owner shall indemnify the Commission against any claims that may arise under subsection (5).
(5) Where the property remains in the possession of the Commission after the end of the period of one year immediately following the end of the period for which its detention is authorised under subsection (1), the Commission may dispose of it in such manner as it thinks fit.
(6) The delivery of the property in accordance with subsection (3) to any person appearing to the Commission to be its owner shall not affect the right of any other person to take legal proceedings against the person to whom it is delivered or against anyone subsequently in possession of the property for the recovery of that property.

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