Local Government Act - Kenya Law Reports

144 CAP. 265 Local Government
[Rev. 2010
Powers of arrest
Conduct of
prosecutions.
4 of 1974, Sch.
Cap. 75.
Books of local
authorities as
evidence.
Offences by
corporations,
societies, etc.
to the local authority, and in such cases such fines, or the specified
proportion thereof, as the case may be, shall be paid into the revenues
of the local authority.
259. Any police officer may arrest, without a warrant, any person
whom he suspects upon reasonable grounds of having committed any
offence under this Act or any by-laws made under this Act or any other
written law, and any officer of a local authority who at the time is in
uniform or is wearing a visible badge of office and authorised thereto in
writing by the local authority, may arrest, without warrant, any person
who in his presence commits any such offence and may detain such
person until he can be delivered into the custody of a police officer to
be dealt with according to law:
Provided that no person shall be arrested or detained without
warrant unless reasonable grounds exist for believing that, except by
the arrest of such person, he may not be found or made answerable to
justice without unreasonable delay, trouble or expense.
260. (1) The clerk or any other person authorised thereto in
writing by a local authority, may, subject to the general or special
directions of the Attorney-General, prosecute, in subordinate courts, for
all offences under this Act or any by-law made by such local authority
whether under this Act or otherwise, and shall for that purpose, have all
the powers conferred on a public prosecutor by the Criminal Procedure
Code.
(2) For the purposes of section 171 (4) of the Criminal Procedure
Code, a local authority shall be deemed to be a public authority.
261. The books and registers of a local authority and any extracts
therefrom certified by the clerk of the local authority or any other officer
authorised in that behalf by such local authority shall, in any proceedings
for the recovery of any rates or charges for any service, be prima facie
evidence of the amounts so due.
262. Where any offence under this Act or under any rules made
thereunder is committed by any company, or other body corporate, or
any society, partnership, association or body of persons, every person
charged with, or concerned or acting in, the control or management
of the affairs or activities of such company, body corporate, society,
partnership, association or body of persons shall be guilty of that offence
and liable to be punished accordingly, unless it is proved by such person
that through no act or omission on his part, he was not aware that the
offence was being or was intended or about to be committed, or that he
took all reasonable steps to prevent its commission.