[Rev. 2012]
National Police Service
CAP. 84
57. Power to enter premises and stop vehicles, etc., without warrant
—
(1) Subject to the Constitution, if a police officer has reasonable cause to believe
(a)
(b)
that anything necessary to the investigation of an alleged offence is
in any premises and that the delay caused by obtaining a warrant to
enter and search those premises would be likely to imperil the success
of the investigation; or
that any person in respect of whom a warrant of arrest is in force,
or who is reasonably suspected of having committed a cognizable
offence, is in any premises,
the police officer may demand that the person residing in or in charge of such
premises allow him free entry thereto and afford him all reasonable facilities for
a search of the premises, and if, after notification of his authority and purpose,
entry cannot without unreasonable delay be so obtained, the officer may enter such
premises without warrant and conduct the search, and may, if necessary in order
to effect entry, break open any outer or inner door or window or other part of such
premises.
(2) A police officer may stop, search and detain any vehicle or vessel which the
police officer has reasonable cause to suspect is being used in the commission of,
or to facilitate the commission of, an offence.
(3) A person who fails to obey a reasonable signal given by a police officer in
uniform requiring the person to stop any vehicle or vessel commits an offence and
is liable on conviction to imprisonment for a term not exceeding twelve months or
to a fine not exceeding one hundred thousand shillings, or to both.
(4) A police officer may arrest a person under subsection (3) without a warrant
unless the person gives his name and address and otherwise satisfies the police
officer that the person will duly answer any summons or other proceedings which
may issue or be taken against that person.
—
(5) A police officer who exercises the powers conferred under this section shall
(a)
(b)
(c)
(d)
identify himself beforehand;
record the action;
record the items taken;
make a report regarding such exercise and make it available for the
superior.
58. Power to arrest without a warrant
Subject to Article 49 of the Constitution, a police officer may without a warrant,
arrest a person—
(a) who is accused by another person of committing an aggravated
assault in any case in which the police officer believes upon
reasonable ground that such assault has been committed;
(b) who obstructs a police officer while in the execution of duty, or who
has escaped or attempts to escape from lawful custody;
N18 - 35
[Issue 1]
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières