prohibited under section 34, or any extract from such publication, commits
an offence and is liable for a first offence to imprisonment for two years or
to a fine not exceeding two thousand shillings or to both such imprisonment
and fine, and for a subsequent offence to imprisonment for three years; and
such publication or extract from it shall be forfeited to the Government.
(2) Any person who without lawful excuse has in his or her
possession any publication the importation of which has been prohibited
under section 34, or any extract from such publication, commits an offence
and is liable for a first offence to imprisonment for one year or to a fine not
exceeding one thousand shillings or to both such imprisonment and fine, and
for a subsequent offence to imprisonment for two years; and such publication
or extract from it shall be forfeited to the Government.
36.
Delivery of prohibited publications.
(1)
(a)
Any person—
to whom any publication, the importation of which has been
prohibited under section 34, or any extract from such publication,
is sent without his or her knowledge or privity, or in response to
a request made before the prohibition of the importation of such
publication came into effect; or
(b) who has any such publication or extract from such publication in
his or her possession at the time when the prohibition of its
importation comes into effect,
shall forthwith, if or as soon as the nature of its contents has become known
to him or her, or in the case of a publication or extract from such publication
coming into the possession of such person before the order prohibiting its
importation has been made, forthwith upon the coming into effect of an order
prohibiting the importation of the publication, deliver such publication or
extract from it to the nearest administrative officer or to the officer in charge
of the nearest police station.
(2) Any person who contravenes any provision of subsection (1)
commits an offence and is liable on conviction to imprisonment for a term
not exceeding three years or to a fine not exceeding thirty thousand shillings
or to both such imprisonment and fine.
(3) Any publication or extract from it which is the subject matter of
a conviction under subsection (2) shall be forfeited to the Government.
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