East African Community Customs Management Act, 2004 - VERTIC

No. 1 East African Community Customs Management 2005relating to any Customs matter, or the nature of the information, or thename of the person who gave that information.(2) An officer appearing as a witness in any proceedings shall not becompelled to produce any confidential reports made or received byhim or her in his or her official capacity or any confidentialinformation received by him or her in that capacity.Reasonablegroundsofdefencein anyactionagainstofficer227.-(1) Where any proceedings, whether by way of prosecution orotherwise, are taken under this Act, and-(a) the proceedings result in a determination in favour of anyperson prosecuted, or in favour of any owner claiming anything which has been seized;(b) the proceedings arise out of any act done, whether by wayof seizure or otherwise, by any officer in the execution orintended execution of his or her duty under this Act; and(c) the court before which the proceedings are determined findsthat there were reasonable grounds for such act, then thecourt shall, on request made by or on behalf of the officer,certify on the record; and a certified copy of the findingshall, on the request of the officer, be delivered to him or herand shall be admissible in evidence in any proceedings inproof of such finding.(2) An officer shall not be liable to any action or other proceedingson account of any act in respect of which a court has, under subsection(1), found that there were reasonable grounds for such act.(3) Where any proceedings are brought against any officer onaccount of any act done, whether by way of seizure or otherwise, in theexecution or intended execution of his or her duty under this Act andjudgment is given against such officer, then, notwithstanding that inany proceedings referred to in subsection (1), a court has not found thatthere were reasonable grounds for such act, if the court before whichproceedings are heard is satisfied that there were reasonable groundsfor such act, the plaintiff shall be entitled to recover any thing seized,or the value of the thing, but shall not otherwise be entitled to anydamages and no costs shall be awarded to either party.142