securitylaws amendment bill 2014

*o';ffiiiJ".SPECIAL ISSUE

Kenya Gazette Supplement No. 163 (National Assembly Bills No.39)

REPUBLIC OF KENYA

KENYA GAZETTE SU PPLEMENT

NATIONAL ASSEMBLY BILLS, 2014

NAIROBI, 8th Decemher, 2014

CONTENT

Bill for Introduction into the National Assembly-Pace

The Security Laws (Amendment) Bill,2014 .......3159

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Amendment of section3 of Cap.56.

3159

TIm SECIruTY LAWS (AMENDMENT) BILL,20L4A Bill for

AN ACT of Parliament to amend the laws relating to securityENACTED by the Parliament of Kenya, as follows-

Short title. 1. This Act may be cited as the Security Laws(Amendment) Act,2014.

Amendmentorsection 2. Section 2 of the Public Order Act is amended in2of Cap.56. paragraph (0 of the definition of the term "excludedmeeting" by deleting the word "councillors" andsubstituting therefor the words "Governors and membersof the county assemblies";

3. Section 3 of the Public Order Act is amended-(a)in subsection (1) by deleting the words

"one thousand shillings or toimprisonment for a term not exceedingsix months" and substituting therefor theterm "one hundred thousand shillings orimprisonment for a term not exceedingtwo years";

(b) in subsection (2) by deleting theexpression "Attorney-General" andsubstituting therefor the expression"Director of Public Prosecutions";

(c)in subsection (2) by deleting theexpression "Attorney-General" andsubstituting therefor the expression"Director of Public Prosecutions".

Insertion ornew 4. The Public Order Act is amended by inserting thesection in cap' 56' following new section immediately after section 5

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5A. The Cabinet Secretary may by noticein the Gazette designate the areas where, andtimes at which public meetings, gatherings orpublic processions may be held.

3160 The Security Laws (Amendment) Bill,20l4




5. Section 6 of the Public Order Act is amended-(a) by inserting the following subsections

immediately after subsection (1)-(1A) Any person who unlawfully

convenes, organizes or promotes apublic rally, meeting or procession orneglects or refuses to comply with anylaw relating to public meetingscommits an offence.

(1B) A person convicted of anoffence under subsection (lA) shall,in addition to any other penalty, beheld liable for any damage or losssuffered as a result of such publicrally, meeting or procession.

(b) in subsection (2) by deleting theexpression "or as a servant of a localauthority".

6. Section 7 of the Public Order Act is amended-(a) in subsection (1) by deleting the

expression "Commissioner of Police" andsubstituting therefor the expression"Inspector-General of National PoliceService;

(b) in subsection (6) by deleting the term"Commissioner of Police" andsubstituting therefor "Inspector-Generalof National Police Service".

7. Section 8 of the Public Order Act is amended-(a) in subsection (1) by-

(i) deleting the words"Commissioner of Police orProvincial Commissioner" and

The Securiry Laws (Amendment) Bill,20l4 3l6l

substituting therefor the words"Cabinet Secretary, on the adviceof the Inspector-General of theNational Police Service";

(ii) deleting the expression "(being, inthe case of a ProvincialCommissioner within hisprovince)";

(b) by deleting subsection (4);(c) in subsection (6) by deleting the term

"one thousand" and substituting thereforthe term "ten thousand".

Section 9 of the Public Order Act is amended-

(a) in subsection (1) by deleting the term"province" and substituting therefor theterm "county";

(b) in subsections (3) by deleting the term"Commissioner of Police" andsubstituting therefor the term " CabinetSecretary";

(c) in subsection (6) by deleting the term"one" and substituting therefor the termttten".

Amendment of section 9. Section I I of the Public Order Act is amended inI I of Can.56.

subsection (1) by deleting the term "ten" andsubstituting therefor the term "one hundred".

Amendment of section 8.9 of Cap.56.

Repeal of sectron I 2 ofCap.56.

Amendment of sectionl3 ofCap.56.

10. The Public Order Act is amended by repealingsection 12.

11. Section 13 of the Public Order Act is amended insubsection (1) by deleting the expression "47 of thePolice Act" and substituting therefor the expression "106of the National Police Service Act".

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3162 The Securiry l.aws (Amendment) Bill,2014

Amendment of section17 ofCap.56.



Insertion of newsection 66A in Cap.63.

Insertion of newsection l28A in Cap.63.

Publication ofobscene, gory oroffensive material.

12. Section 17 of the Public Order Act is amendedby deleting the term "five thousand" and substitutingtherefor the term "fifty thousand".

13. Section 19 of the Public Order Act is amendedby deleting the term "Attorney-General" and substitutingtherefor the term "Director of Public Prosecutions".

L4. Section 2l of the Public Order Act is amendedby deleting the words "of the first class".

15. The Penal Code is amended by inserting thefollowing new section immediately after section 66-

66A. A person whopublishes or causes to bepublished or distributed obscene,gory or offensive material whichis likely to cause fear and alarmto the general public or disturbpublic peace is guilty of a felonyand is liable, upon conviction, toa fine not exceeding one millionshillings or imprisonment for aterm not exceeding three yearsor both, or, where the offence iscommitted by a mediaenterprise, to a fine notexceeding five million shillings.

16. The Penal Code is amended by inserting thefollowing new section immediately after section I28-Offences by public off,rcers. 128A. A public officer whoin the cause of his or her

employment-

(a) aids or facilitates thecommission of afelony;

(b) facilitates the entry ofa criminal intoKenya; or

(c) conceals the whereabouts of a criminal

The Security laws (Amendment) Bill,2014 3163

Inscrtion of newsection 251A in Cap.63.

Insertion of section36A of Cap. 75.

is guilty of a felony and is liable,on conviction, to imprisonmentfor a term of not less than tenyears.

l7.The Penal Code is amended by inserting thefollowing new section immediately after section 251-

Insulting modesty by intruding 25LA. A pefson WhOprivacv or stripping' intentionally insults the modesty

of any other person by intrudingupon that person's privacy orstrips such person, is guilty of afelony and is liable toimprisonment for a term notexceeding twenty years.

18. The Criminal Procedure Code is amended byinsening the following new sections immediately after36-Remand by court. 36A. (1) Pursuant to Article

49(t) (0 and (g) of theConstitution, a police officershall present a person who hasbeen arrested in court withintwenty-four hours after beingarested.

(2) Notwithstandingsubsection (1), if a police officerhas reasonable grounds tobelieve that the detention of aperson arrested beyond thetwenty-four hour period isnecessary, the police officershall-

(a) produce the suspectbefore a court; and

3164 The Security laws (Amendment) Bill,2014

(b) apply in writing to thecourt for an extensionof time for holdingthe suspect incustody.

(3) In making anapplication under subsection (1),the police officer shall specify

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(a) the nature of theoffence for whichthe suspect has beenarrested;

(b) the general nature ofthe evidence onwhich the suspecthas been arrested;

(c) the inquiries thathave been made bythe police in relationto the offence andany further inquiriesproposed to be madeby the police; and

(d) the reasonsnecessitating thecontinued holding ofthe suspect incustody,

and shall be supported by anaffidavit.

(4) In determining anapplication under subsection (1),the court shall consider anyobjection that the suspect mayhave in relation to theapplication and may-

(a) release the suspectunconditionally;

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The Security Laws (Amendment) Bill,2014 3165

(b) release the suspectsubject to suchconditions as the courtmay impose to ensurethat the suspect-

(i) does not, whileon release,commit anoffence,interfere withwitnesses or theinvestigationsin relation tothe offence forwhich thesuspect hasbeen arrested;

(ii) is available forthe purpose offacilitating theconduct ofinvestigationsand thepreparation ofany report tobe submitted tothe courtdealing with thematter inrespect ofwhich thesuspect standsaccused; and

(iii) appears at sucha time andplace as thecourt mayspecify for the

3166 The Security Laws (Amendntent) Bill,2014

purpose ofconductingpreliminaryproceedings orthe trial or forthe purpose ofassisting thepolice withtheir inquiries;or

(c) having regard to thecircumstances specifiedunder subsection (6),make an order for theremand of the suspect incustody.

(5) A court shall not makean order for the remand incustody of a suspect undersubsection (5Xc) unless-

(a) there are compellingreasons for believing thatthe suspect shall notappear for trial, mayinterfere with witnessesor the conduct ofinvestigations, or commitan offence while onrelease;

(b) it is necessary to keep thesuspect in custody for hisprotection, or, where thesuspect is a minor, for hiswelfare;

(c) the suspect is serving acustodial sentence; or

The Security Laws (Amendment) Bill,20l4 3167

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(d) the suspect, having beenarrested in relation to thecommission of anoffence, has breached acondition for his release.

(6) The court may, for thepurpose of ensuring theattendance of a suspect undersubsection (s)(bxii) or (iii),require the suspect-

(a) to execute a bond forsuch reasonable amountas the court considersappropriate in thecircumstances; and

(b) to provide one or moresuitable sureties for thebond.

(7) Where a court makes anorder for the remand of a suspectunder subsection (5) (c), theperiod of remand shall notexceed thirty days.

(8) A police officer whodetains a suspect in respect ofwhom an order has been issuedunder subsection (5)(c) may, atany time before the expiry of theperiod of remand specified bythe court, apply to the Court foran extension of that period.

(9) The court shall not makean order for the extension of thetime for remand under

3168 The Security Laws (Amendment) Bill,2014

Insertion of a newsection 42A of Cap'75.

subsection (8) unless it issatisfied that having regard tothe circumstances for which anorder was issued undersubsection (5Xc), it is necessaryto grant the order.

(10) Where the court grantsan extension under subsection(10), such period shall not,together with the period forwhich the suspect was firstremanded in custody, exceedninety days.

19. The Criminal Procedure Code is amended byinserting the following new sections immediately after42-Disclosure by prosecution . 42A. (1) Pursuant to Article

50(2XI) of the Constitution, theprosecution shall inform theaccused person in advance of theevidence that the prosecutionintends to rely on and ensure thatthe accused person hasreasonable access to thatevidence.

(2) The prosecution maynot disclose certain evidence onwhich it intends to rely

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(a) if the evidence mayfacilitate thecommission of otheroffences;

(b) if the evidence issensitive and it is notin the public interestto disclose;

(c) where there arcgrounds to believe

The Security l.aws (Amendment) Bill,2014 3169

that disclosing suchevidence might leadto an attempt beingimproperly made topersuade a witnessto make a statementretracting hisoriginal statement,to change his story,not to appear incourt or otherwiseto intimidate him.

(3) Evidence shall be deemed tobe in the public interest, ifthat evidence

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(a) touches on matters ofnational security;

(b) touchesidentityinformantthere are goodreasons for fearingthat disclosure of theinformant's identitymay place the familyof the informant indanger;

(c) discloses the identityof a witness whomight be in danger ofassault orintimidation if hisidentity is known;

(d) contains detailswhich, if they becameknown, mightfacilitate thecommission of otheroffences or alert

on theof an

where


Insertion of sectionI I 8A of Cap. 75.

Insertion of newsection 160A of Cap.75.

someone not incustody that theperson was a suspect;

(e) disclose someunusual form ofsurveillance ormethod of detectingcrime; and

(f) contains details of apersonal nature to themaker or whichmight create the riskof domestic strife.

Provided that the Court may receive such evidencein Chambers and in confidence.

20. The Criminal Procedure Code is amended byinserting the following new section immediately aftersection 118-

Ex-parte application forsearch warrant.

118A. An application for asearch warrant under section 118shall be made ex-parte to amagistrate and the police officercarrying out the search pursuantto such warrant shall not, ifacting in good faith, be liable toany legal proceedings.

21. The Criminal Procedure Code is amended byinserting the following new provision immediately aftersection 160-

Disclosure of evidence byaccused.

160A. An accused personwho has been called upon toenter his defence, shall discloseto the prosecution the nature ofhis defence including witnessstatements and documentaryevidence.

The Security l-aws (Arnendment) Bill,2014 3t7L

Amendmentofsection 22. The Criminal Procedure Code is amended in2oo of cap.75. section 200 by-

(a) inserting the following new subsectionimmediately after subsection (1)-

(1A) A recommencement of trial undersubsection (lxb) shall not affect thecourt's finding that the accused personhas a case to answer.

Insertion of sections343

-345 in Cap.75.

(b) inserting the following new subsectionimmediately after subsection (3)-

(3A) Where an accused person opts torecall a witness in a case where the magistrateintends to recommence a trial, the order to recallthe witness shall only be made after theprosecution has been granted an opportunity toaddress the court.

?3. The Criminal Procedure Code is amended byinserting the following provisions immediately aftersection 342

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POLICE SUPER.VISIONPerson twice convicted maybe subject to policesupervision.

343.(l) When a person,having been convicted of anoffence punishable withimprisonment for a term of threeyears or more is again convictedof an offence punishable withimprisonment for a similar termor of an offence under section345, the court may, at the time ofpassrng sentence ofimprisonment on that person,also order that he shall be subjectto police supervision as providedby section 344 for a period notexceeding five years from thedate of his release from prison.


Requirements from personssubject to policesupervision.

(2) If the, conviction is setaside on appeal or otherwise, theorder shall become void.

(3) An order under thissection may be made by theHigh Court when exercising itspowers of revision.

344. (1) A court may at anytime direct that a persqn shall,whilst subject to policesupervision under section 343and at large in Kenya, complywith all br any of the followingrequirernents, and may vary anysuch directions at any time-

(a) to reside within thelimits of aspecified area;

(b) not to transfer hisresidence toanother areawithout the written

, consent of thepolice officer in.charge of that area;

(c) not to leave the. area in whieh he

resides withoutthe writtenconsent of thepolice officer incharge of thatarea;

(d) at all times to,

keep the policeofficer in chargeof the area inwhich he resides


Automatic police supervision

notified of thehouse or place inwhich he residesand provide histelephone andother contacts;

(e) to present hirnself,whenever calledupon by the policeofficer in charge ofthe area in whichhe resides, at anyplace in that areaspecified by thatofficer.

(2) The Cabinet Secretarymay make rules for carrying outthe provisions of this section,and in particular prescribing themanner in which persons may bebrought before a court for thepurposes of this section.

W A. (1) A person whois convicted of an offence undersection 296(l), 297(l), 308 or322 of the Penal Code thePrevention of Terrorism Act orthe Sexual Offences Act shall besubject to police supervision fora period of five years from thedate of his release from prison.

(2) A person who is subject topolice supervision under thissection shall, whilst he is sosubject-

(a) reside within thelimits of such area as

3t74 The Securiry lnws (Amendment) Bill,2014

Failure to comply withrequirements under scction 344.

the Commissioner ofPrisons shall, in eachcase, sPecify inwritingi

(b) not transfer hisresidence to anotheratea without thewritten consent of thepolice officer incharge of thesPecified area;

(c) not leave the area inwhich he resideswithout the writtenconsent of the Policeofficer in charge ofthat area;

(d) at all times keeP thepolice officer incharge of the area inwhich he residesnotified of the houseor place in which heresides;

(e) present himself,whenever called uPonby the police officerin charge of the areain which he resides,at any Place in thatarea specified bY thatofficer.

345. (1) If a Personsubject to police suPervisionwho is at large in KenYa fails tocomply with a. requirement

The Security lnws (Amendment) Bill,2014 3r75

Errors and omissions in ordersand warrants-

placed upon him by or by virtueof section 3M or 34A, he shall,unless he proves to thesatisfaction of the court beforewhich he is tried that he did hisbest to act in conformity with thelaw, be guilty of an offence andliable to imprisonment for a termnot exceeding six months and ona second or subsequentconviction for that offence toimprisonment for a term notexceeding twelve months.

(2) A police officer mayarrest without warrant a personwhom he suspects uponreasonable grounds of havingcommitted an offence under thissection.

346. The court may atany time amend a defect insubstance or in form in an orderor warrant, and no omission orerror as to the time and place,and no defect in form in an orderor warrant given under thisCode, shall be held to rendervoid or unlawful an act done orintended to be done by virtue ofthat order or warrant, providedthat it is therein mentioned, ormay be inferred there from, thatit is founded on a conviction orjudgment, and there is a validconviction or judgment tosustain it.

Amendment of Section348A of Cap. 75.

?A. The Criminal Procedure Code is amended byrepealing section 348A and replacing it with thefollowing new section-

3t76 The Security l-aws (Amendment) Bill,2014

Amendment of Section364 of Cap.75.

Insertion of section379A in Cap.75.

Right of appeal against 348A. (1) When anacquittal, order of refirsal or aCCUSed pefsOn haS beenorderofdismissal. acquitted on a trial held by a

subordinate court or High Court,or where an order refusing toadmit a complaint or formalcharge, or an order dismissing acharge, has been made by asubordinate court or High Court,the Director of PublicProsecutions may appeal to theHigh Court or the Court ofAppeal as the case may be,"fromthe acquittal or order on a matterof fact and law.

(2) If the appeal undersubsection (1) is successful, theHigh Court or Court of Appealas the case may be, maysubstitute the acquittal with aconviction and may sentence theaccused person appropriately.

25. Section 364 of the Criminal Procedure Codeis amended in subsection (1) by inserting the followingnew paragraph immediately after parugraph (b)

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(c) in a matter where the subordinate court hasgranted bail to an accused person, and theDirector of Public Prosecution has indicatedhis intention to apply for review of the orderof the court, the order of the subordinatecourt shall be stayed for a period of fourteendays pending the filing of the application forrevision.

26. The Criminal Procedure Code is amended byinserting the following new section immediately aftersection 379

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Appeal to the Court ofAppeal on High Court'soriginal jurisdiction.

3794..In a case where theHigh Court, in exercise of itsoriginal jurisdiction, has grantedbail or bond to an ,accused

The Security Laws (Amendment) Bill,2014 3r77

Amendment of section2of Cap.76.

Amendment of sectionI I of Cap. 76.


person, the Director of PublicProsecution, [ril], as of right,appeal against that decision tothe court of appeal:

Provided that if the Directorof Public Prosecutions hasindicated an intention to appealthe order, the order shall bestayed for a perod of fourteendays pending the filing of anappeal.

27. Section 2 of the Extradition (Contiguous andForeign Countries) Act is amended by inserting thefollowing new definition in proper alphabeticalsequence-

"reciprocal backing of warrants" means warrantsfrom contracting nations issued in accordance with thecontracting agreement ;

28. Section 11 of the Extradition (Contiguous andForeign Countries) Act is amended by inserting thefollowing new subsection immediately after subsection(2)

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(3) Where the court is satisfied about theauthenticity of the warrants and that thewarrant was issued by a proper authority ofthe foreign country, the court shall proceed toissue a warrant of surrender without holdingthe proceedings as specified under section 7of the Act.

29. Section 8 of the Registration of Persons Actis amended by inserting the following subsectionimmediately after

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(1A) The Director may establishidentification committees or appoint persons as


Amendment of section14 of Cap. 107.

Amendment of sectionl9 of Cap. 107.

identification agents to assist in theauthentication of information furnished by aparent or guardian.

30. Section 14 of the Regisffation of Persons Actis amended-

(a) in subsection (1) by deleting the term"fifteen" and substituting therefor theterm "two hundred";

(b) in subsection (2) by deleting the term"five" and substituting therefor the term"fifty";

31. The Registration of Persons Act is amendedby inserting the following new section immediately aftersection 18-Power to cancel registrationand revoke an identity card.

18A. (l) The Directormay cancel the registrationand revoke the identity cardof any person issued underthis Act if the card wasobtained through-

(a) misrepresentation ofmaterial facts;

(b) concealment of materialfacts;

(c) fraudulently;(d) forgery;(e) multiple regisffation; or(f) any other justifiable

cause.

(2) Before cancellation of theregistration and revocation of theidentity card as provided in subsection (1), the Director shall notify


lnsertion of section20A in Cap.80,

the card holder of the intention tocancel the registration and revokethe card unless the holder can showcause within fifteen days why thecancellation should not be done.

(3) Any person whoseregistration has been cancelled andidentity card revoked or whosecitizenship has been otherwiserevoked under an existing law shallbe under obligation to surrender theidentity card to the registrar.

(4) The Director shall by noticein the Gazette publish the namesand identity card number of theperson whose registration iscancelled and the identity cardsrevoked.

32.The Evidence Act is amended by inserting thefollowing new section immediately after section 20

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Proof of writtcn statement byconsent.

20A. (1) If the personwho makes a statement cannotread it, the statement shall beread to him before he signs it,and an endorsement shall bemade thereof by the person whoso read the statement to theeffect that it was so read.

(2) A copy of thestatement, together with a copyof any document referred to inthe statement as an exhibit, orwith such information as may benecessary in order to enable theparty on whom it is served toinspect such document or a copythereof, shall, before the date onwhich the document is to be


tendered in evidence, be servedon each of the other parties tothe proceedings, and any suchparty may, at least two daysbefore the commencement of theproceedings, object to thestatement being tendered inevidence under this section.

(3) If a party objectsunder subsection (2) that thestatement in question betendered in evidence, thestatement shall not, but subjectto the provisions of subsection(4), be admissible as evidenceunder this section.

(4) If a pafiy does notobject under subsection (2)or ifthe parties agree before or duringthe proceedings in question thatthe statement may be so tenderedin evidence, the statement may,upon the mere productionthereof at such proceedings, beadmitted as evidence in theproceedings.

(5) When the documentsreferred to in subsection (3) areserved on an accused person, thedocuments shall be accompaniedby a written notification inwhich the accused person isinformed that the statement inquestion shall be tendered inevidence at his trial in lieu of theState calling as a witness theperson who made the statement,but that such statement shall notwithout the consent of theaccused person be so tendered inevidence if he notifies theprosecutor concerned, at least

days before the

The Security lnws (Amendment) BiU,2014 318r

cornmencement of theproceedings, that he objects tothe statement so being tenderedin evidence.

(6) The parties to criminalproceedings may, before orduring such proceedings, agreethat any written statementreferred to in subsections (l)which has not been served interms of subsection (2) betendered in evidence at suchproceedings, whereupon suchstatement may, upon the mereproduction thereof at suchproceedings, be admitted asevidence in the proceedings.

(7) Notwithstanding that awritten statement made by anyperson may be admissible asevidence under this section-

(a) a party by whom or onwhose behalf a copyof the statement wasserved, may call suchperson to give oralevidence;

(b) the court may, of itsown motion, andshall, upon theapplication of anyparty to theproceedings inquestion, cause theperson giving oralevidence to besummoned before thecourt, or the courtmay, where the personconcerned is resident


Insertion of section33(l) in Cap.80.

Amendment !o section25A of Cap. 80.

Insertion of section59A in Cap. 80.

outside the court'sjurisdiction, issuesummons to beeffected through thediplomatic channel.(8) Any document or

object referred to as an exhibitand identified in a writtenstatement tendered in evidenceunder this section, shall betreated as if it had been producedas an exhibit and identified incourt by the person who madethe statement.

(9) Any person whomakes a statement which isadmitted as evidence under thissection and who in suchstatement willfully and falselystates anything which, if sworn,would have amounted to theoffence of perjury, shall bedeemed to have committed theoffence of perjury and shall,upon conviction, be liable to thepunishment prescribed therefor.

33. The Evidence Act is amended in section 33by inserting the words "or electronically recorded"immediately after the words "written or oral".

34. The Evidence Act is amended in section 25Aof the Act by deleting the expression "Chief Inspector"appearing in subsection (l) and substituting therefor theword "Inspector".

35. The Evidence Act is amended by insertingthe following new section immediately after section59-

59A. (1) If an accusedperson has appointed anadvocate and, at any stage duringthe proceedings, it appears to a

The Security Laws (Amendment) Bill,2014 3 183

prosecutor that a particular factor facts which must be proved ina charge against an accusedperson is or are not in issue orshall not be placed in issue incriminal proceedings against theaccused person, the prosecutormay, forward or hand a notice tothe accused person or hisadvocate setting out that fact orthose facts and stating that suchfact or facts shall be deemed tohave been proved at theproceedings unless notice isgiven that any such fact shall beplaced in issue.

(2) The notice by theprosecutor under subsection (1)shall be sent by registered mailor handed to the accused or hisadvocate personally at leastfourteen days before thecommencement of the criminalproceedings or the date set forthe continuation of suchproceedings, or within suchshorter period as may beapproved by the court or agreedupon by the accused person orhis advocate and the prosecutor.

(3) If any fact mentioned inthe notice under subsection (2) isintended to be placed in issue atthe proceedings, the accusedperson or his advocate shall atleast five days before thecofllmencement or the date setfor the continuation of theproceedings, or within such


shorter period as may beapproved by the court or agreedupon with the prosecutor, delivera notice in writing to that effectto the registrar or the clerk of thecourt, as the case may be, ororally notify the registrar or theclerk of the court to that effect,in which case the registrar or theclerk of the court shall recordsuch notice.

(4) If, after receipt of thenotice from the prosecutor undersubsection (l), any factmentioned in that notice is notplaced in issue as undersubsection (3), the court maydeem such fact or facts, subjectto subsections (5) and (6), tohave been sufficiently Proved atthe proceedings concerned.

(5) If a notice wasforwarded or handed over bY aprosecutor under subsection (1),the prosecutor shall notifY thecourt at the commencement ofthe proceedings of such fact andof the reaction thereto, if any,and the court shall thereuPoninstitute an investigation intothose facts which are notdisputed and enquire from theaccused person whether heconfirms the information givenby the prosecutor, and whetherhe understands his rights and theimplications of the procedureand where the advocate of theaccused person replies to any

Insertion of section63A in Cap. 80.

A.mondmentof CaP.80.

Inws ( Amcndment) Bill, 20 I 4

question by the court under thissection, the accused Person shallbe required by the court todeclare whether he confinnssuch reply or not.

(6) The court may on itsown initiative or at the request ofthe accused person order oralevidence to be adducedregarding any fact contemPlatedin subsection (4).

36. The Evidence Act is amended by inserting thefollowing new section immediately after section 63(3\

Tcleconfercncing and vidco 63A. (1) A COUrt mayconferencing' receive oral evidence throughteleconferencing and videoconferencing.

(5) The Chief Justice maYdevelop regulations to governthe use of teleconferencing andvideo conferencing.

37. The Evidence Act is amended by inserting thefollowing new section immediately after section 78

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Admissibility of elcctronic anddigital evidence.

78A. (1) In any legalproceedings, electronic messagesand digital material shall beadmissible as evidence.

(2) The court shall not denYadmissibility of evidenco undersubsection (l) only on theground that it is not in itsoriginal form.

3186 The Security l,aws (Amendment) Bill,2014

(3) In estimating the weight,if any, to be attached toelectronic and digital evidence,under subsection (1), regzudshall be had to-

(a) the reliability of themanner in which theelectronic and digitalevidence wasgenerated, stored orcommunicated;

(b) the reliability of themanner in which theintegrity of theelectronic and digitalevidence wasmaintained;

(c) the manner in whichthe originator of theelectronic and digitalevidence wasidentified; and

(d) any other relevantfactor.

(4) Electronic and digitalevidence generated by a personin the ordinary course ofbusiness, or a copy or printout ofor an extract from the electronicand digital evidence certified tobe correct by a person in theservice of such person, is on itsmere production in any civil,criminal, adminisffative ordisciplinary proceedings underany law, the des of a self-regulatory organization or anyother law or the common law,admissible in evidence against


any person and rebuttable proofof the facts contained in suchrecord, copy, printout or extract.

38.The Prisons Act is amended by inserting thefollowing new section immediately after section 36-

Insenion of section36A in Cap.90.

Insertion of newscction 70A in Cap90.

Prisoners detained for tcrroristactivity, etc. to be kept apart.

36A. (1) The Commissionershall confine persons who areimprisoned for committing anoffence under the Prevention ofTerrorism Act, 2012 or forcommitting a serious offence ina sepafate prison or in separateparts of the same prison in suchmanner as to prevent, as far aspracticable, their seeing orconversing or holding anycommunication with otherprisoners.

39.The Prisons Act is amended by inserting thefollowing new section immediately after section 70-Register. 70A. (1) The Commissioner

shall maintain records of allprisoners detained in all prisonsin Kenya.

(2) The records shall consistof-

(a) personal data;(b) biometrics;(c) physical address;(d) postal address;(e) reasons for

detention;

(f) number of timesdetained; and


Amendment of scction2 of Cap. I 14.

Rcpeal of section 3 ofCap. I14.

(g) such LParticulars os lrr,be prescribed b1the CabinetSecretarY inRegulations.

(3) The Commissiorpr shellensure control and regulation ofthe information in the register,necessary safeguards forprotection and confidentiality ofthe data or information coetainedin the registration and dataserialization established,developed and maintained underthis Act, including anY databaseand networking infrastmcture.

(4) The Commissioner shallmaintain an integratd biometricsystem to enable sharing ofinformation within the criminal'justice system.

40.The Firearms Act is amended in section 2-(a) by inserting the following new definition in

proper alphabetical sequence -

"Board" means the FireanmgLicensing Board established undersection 3;

(b) by inserting the following new paragraph inthe definition of the word "firearm"

-

(c) telescopes, mufflers, bulletproof gear, nightvision devices and other similar accessories.

41.The Firearms Act is amended by repealinlsection 3 and replacing it with the following nevsection-

Inws ( Amendmcnt) Bill, 20 I 4

IIt;r

I

3. (1) There is herebYestablished the FirearmsLicensing Board.

(2) The Board shall beappointed by the CabinetSecretary and shall consist of aChairman and-

(a) one representative fromthe Kenya DefenceForces;

(b) two representatives fromthe National PoliceService one of whomshall be from theDirectorate of CriminalInvestigation;

(c) one representative fromthe National IntelligenceService; and

(d) one representative fromthe National Focal Point.

(3) There shall be aSecretariat of the Board whichshall consist of such officers asmay be necessary to dischargeits duties under this Act.

(4) The persons serving aslicensing officers immediatelYbefore the commencement ofthis section shall be deemed tobe officers of the Secretariatrefened to in subsection (3).

(5) The functions of theBoard shall be to-

(a) certify suitabilityapplicants

ofand

3190 The Securiry Laws (Amendment) Bill,2014

Amcn&ncnt of sectiotr4ofCap. l14.

periodically assessproficiency of frearmsholders;

(b) issue, cancel, terminateor vary any licence orpermit issued under thisAct;

(c) register civilians firearmholders, dealers andmanufactures of frearmsunder this Act;

(d) register, supervise, andcontrol all shootingranges that are registeredunder this Act;

(e) establish, maintain andmonitor a centralizedrecord managementsystem under this Act;

(f) perforrn such otherfunctions as theCabinet Secretary mayprescribe from time totime.

42.The Firearms Act is amended in section 4 -

(a) by inserting the following new subsectionimmediately after subsection (1)

-

(1A) No person shall manufacture,assemble, purchase, acquire or have in hispossession an armoured vehicle unless heholds a certificate of approval issuedunder this Act.

(b) by inserting the following new paragraph insubsection (2) immediately after paragraph(b)

-

The Securitv laws (Amendment) Bill,2014 3t9l

Amendment of section5 of Cap.'243.

Amcndment ofCap.2%.

Amendmentofsection $.The Radiation PrOteCtion ACt7 of Cap.'243.' section 7 by inserting the following

(c) manufactures, assembles, purchases,acquires or has in his possession anarmoured vehicle without approvalunder subsection (1A).

43.The Radiation Protection Act is amended insection 5(1)(c) by inserting the following newsubparagraphs immediately after subparagraph5(lXcXvi)-

(vi) a public officer nominated by theMinister for the time being responsiblefor foreign affairs;

(vii) an officer from the Kenya DefenceForces;

(viii) an officer from the National IntelligenceService;

(ix) an officer from the National PoliceService; and

(x) an officer from the Kenya RevenueAuthority.

is amended innew paragraph

immediately after paragraph (a)-(aa) regulate the use of nuclear and radioactive

material including protection fromaccidental or intentional diversion.

45.The Rent Restrictions Act is amended byinserting the following new section immediately aftersection 2l-

2lL. (l) Every landlord ofpremises shall keep or cause tobe kept records of every tenantwho rents the premises.

Record of tenant.

3192 The Seeurity Laws (Amen&nent) Bill,2014

Insertion of ncwscctions in Cap.395,

(2) The recolds to beunder subsection (1) sI^include-

(a) the name sll" address;

O) the identity card otpassport number;

(c) the email address;

(d) thenumbr,

telephone

of the tenant and such otherparticulars as may be Prescribedby the Cabinet SecretarY inRegulations.

(3) A landlord shall Producethe information referred to insubsection (1) on demand to lawenforcement officers.

(4) Any landlord whocontravenes subsection (1) shallbe guilty of an offence and liableto imprisonment for a term notexceeding six months or !o a finenot exceeding one hundredthousand shillings, or to bothsuch imprisonment and fine.

46.The Kenya Airports Authority Act is amendod byinserting the following new sections immediately aftersection t7C-ProhibitlonrorRortictlon0, 17D. The Cabinet SeCrctaryurdzonlngof lend'

shall, on the recommendationsof the Authority by Orderpublished in the Gazette

-


Establishment of Inter-AgencySecurity Advisory Committee.

(a) impose prohibitions orrestrictions on the use ofany area of land or waterin the vicinity of itsaerodrome as may benecessary to ensuresafe, secure and efficientcivil aviation;

(b) provide zoning landadjacent to aerodromesfor security purposes bycreating two hundred andfifty metres controlledzone from the runwaycenterline and not lessthan 50m from theairport's outer perimeterfence.

l7E. There is herebyestablished an Airports Inter-Agency Security Committee.(2) The functions of theCommittee shall be to

-

(a) advise andcoordinate securityactivities betweenministries,departments andagencies in theairports; and

(b) recommend andreview theeffectiveness ofsecurity measuresand procedureswithin airports.

(3) The Committee shallconsist of the Managing Director

3194 The Security l.aws (Amendment) Bill,2014

or his designate, who shall bethe chairperson of theCommittee and one memberfrom each of the followingdepartments and agencies-

(a) the Ministryresponsible forNational Security;

(b) the NationalIntelligence Service;

(c) the Directorate ofCriminalInvestigations;

(d) the National PoliceService;

(e) the Kenya DefenceForces;

(f1 the ImmigrationService;

(g) the CommunicationsAuthority of Kenya;

(h) the Kenya RevenueAuthority;

the Kenya WildlifeServices;

the Ministryresponsible for airtransport; and

(k) the Kenya CivilAviation Authority.

(4) The Committee mayco-opt or invite any person to

-t

II

iII

(i)

0)

it

i.

The Security Laws (Amendment) Bill,2014 3 195

attend and take part in itsproceedings, and that personmay participate in any discussionat the meeting but shall not havea right to vote at that meeting.

(5) The Committee shallmeet for the discharge of itsfunctions as often as isnecessary, at a time and placespecified by the Chairperson,and in any case, shall meet atleast once in every threemonths.

(6) The Committee shallsubmit regular reports to theNational Security AdvisoryCommittee.

(7) The Committee mayregulate the procedure of itsmeetings.

Amendmentorsection 47. The Traffic Act is amended in section 5 by5orcap.zto3. inserting the following new subsection immediately

after subsection (3) -

(4) The Authority shall create, maintain andupdate a database of all motor vehicles withdiplomatic number plates which are owned oroperated by foreign nationals, and shall requiresuch number plates to be surrendered upon theend of the tour of duty, retirement or sale of themotor vehicle.

Amendmenttosection 48. Section 12 of the Traffic Act is amended byt2orcap.403. inserting the following new subsection immediately after

subsection (1)-(2) A person who contravenes or fails to

comply with the provisions of this section commits anoffence and is liable on conviction to a fine notexceeding three hundred thousand shillings or

3196 T'he Security Laws (Amendment) Bill,2014

Amendment of section23 of Cap. u103.

Amendment to sectionI l8 of Cap. 403.

Amendment to sectionI 19 of Cap. 2103.

imprisonment for a terrn not exceeding twelve months orboth.

49. The Traffic Act is amended in section 23 byinserting the following new subsection immediately aftersubsection (2)

-

(3) A motor vehicle dealer shall maintain adatabase of vehicle, vehicles stock and vehiclessold on a monthly basis, and such data shall besubmitted to the National Police Service and theKenya Revenue Authority.(c) order the suspension of the driving

licence of any person who has beeninvolved in an accident resulting infatalities where preliminary investigationsby police show that that person isresponsible for the accident.

50. Section 118 of the Traffic Act is amended insubsection (z)by-

(a) deleting the words "ten thousand shillings"appearing in paragraph (a) and substitutingtherefor the words "one hundred thousandshillings";

(b) deleting paragraph (b) and substitutingtherefor the following paragraph-

(b) for second or subsequent offence, to afine not exceeding two hundredthousand shillings or to imprisonmentfor a term not exceeding twelvemonths.

51. Section 119 of the Traffic Act is amended byinserting the following new paragraph immediately afterparagraph (ga)-

(gb) all such matters relating to the regulation andlicensing of establishments or personsengaged in selling, hiring or leasing motorvehicles, motor vehicle spare parts dealers,or garages as the Cabinet Secretary may


Amendment of section30 of Cap. 485.

Amendment of No.l2of 2O12.

deem necessary for the proper regulation ofsuch establishments or persons, includingthe grant, revocation or variation oflicences and appeals relating thereto, thetesting of insfuctors, the inspection ofvehicles and premises, and the fees payablefor any of the above matters.

52.The Investment Promotion Act,2A04 is amendedin section 30 by deleting subsection (2) and substitutingtherefor the following new subsection-

(2) Without prejudice to the generality ofsubsection (1), the Mirtister may makeRegulations for-

(a) amending the Second Schedule;(b) prescribing the categories of

employees to be issued with workpermits;

(c) prescribing procedures for the vettingof investors.

53.The Labour Institutions Act is amended byinserting the following new sections immediately aftersection 54-Establishment of an inter- 54A. There is establishedministerial committee. an inter-ministerial Committee

coilEisting of officers frotn-

Functions of theministerial committee.

(a) the Ministry responsiblefor immigration;

(b) the Ministry responsiblefor labour;

(c) the Ministry responsiblefor security; and

(d) the Attorney-General.

548. The Inter-ministerialcommittee shall be responsiblefor overseeing the registration

II3198 The Security Laws (Amendment) Bill,20l4

and operations of employmentbureaus and agencies.

Requirement for approval by 54C. Every employmentthe Inter-Ministerial bufeau of agency shall becommittee. required to seek and obtain

government approval prior tosending Kenyan Citizens foremployment outside Kenya.

Amendmenttosection 54. Section 26 of the National Transport Safety26orNo'33or2ot2' Authority Act is amended by deleting subseition(l) anisubstituting therefor the following subsection-

(1) A person shall not-

Amendment of sectionI I of No. 13 of 2fi)6.

Amendment of sectionl2 ofNo.13 of2006.

(a) operate any_ class of vehicle includingprivate vehicles as public servicevehicles; or

(b) operate a cofilmercial service vehiclewhose tare weight exceeds threethousand and forty eight kilograms,unless the vehicle is licensed by theAuthority.

55. Section 1l of the Refugees Act isamended in subsection (1) by deleting the words"or in any case within thirty days after his entr5r".

56. Section 12 of the Refugees Act is a amended byinserting the following new subsection immediatelyafter subsection (2)-

(3) Every person who has applied forrecognition of his status as a refugee and everymember of his family shall remain in thedesignated refugee camp until the processing oftheir status is concluded.

Amcndmentorsection 57. Section 14 of the Refugees Act is amended by14 ofNo.13 of2006. inserting the following new paragraph immediately after

paragraph (b) -


i

(c) not leave the designated refugee campwithout the permission of the Refugee CampOfficer.

5E. The Refugees Act is amended by inserting thefollowing new section immediately.

Insenion of newsection l6D in No. l3of 2006.

Amendment of section2 ofNo.28 of20l2.

Permitted number of refugeesand asylum seekers in Kenya.

16A. (1) The number ofrefugees and asylum seekerspermitted to stay in Kenya shallnot exceed one hundred and fiftythousand persons.

(2) The NationalAssembly may vary the numberof refugees or asylum seekerspermitted to be in Kenya.

(3) Where the NationalAssembly varies the number ofrefugees or asylum seekers inKenya, such a variation shall beapplicable for a period notexceeding six months only.

(4) The NationalAssembly may review the periodof variation for a further sixmonths.

59. The National Intelligence Service Act, isamended in section Zby-

(a) inserting the words "decision making"immediately after the word "government's" inthe definition of the word "intelligence";

(b) inserting the following new definition inproper alphabetical sequence

-

"protective and preventive security"means assessment of threats and

3200 The Security lnws (Amendment) Bill,20l4

Amendment of section4 of No. 28 of 2O12.


Insertion of newsections in No.28 of2012.

vulnerabilities, measures and activitiesconducted to safeguard or protect classifiedinformation, critical installations, keygovernment infrastructure and importantpersonalities.

60. Section 4 of the National Intelligence ServiceAct is amended in subsection (3) by deleting the words"National Security" appearing before the word"Council".

61. Section 5 of the National Intelligence ServiceAct is amended by-

(a) deleting the words "to provide aconfidential security report" appearing insubsection (1) (g) and substitutingtherefor the words "security vetting";

(b) inserting the following new paragraphimmediately after paragraph (4)(b)

-

(c) members of the Service fromperforming the functions andffi,:flir, $.#f ;i,lr"o"o by this

62.The National Intelligence Service Act isamended by inserting the following new sectionimmediately after section 6-Stoppage and detention. 64. (1) An officer of the

Service may stop and detain anyperson whom the officer-

(a) witnesses engaging in aserious offence;

(b) finds in possession of anyobject or material thatcould be used for thecommission of a seriousoffence; or

(c) suspects of engaging inany act or. thing or beingin possession of anything


Repeal of section l0 ofNo. 28 of 2012

Amendment of sectionI lC of No.28 of 2O12.

Amendment of section36 of No . 28 of 2Ol2 .

Repeal of Part V ofsection 42 of No,28 of2012.

which poses a threat tonational security.

63. The National Intelligence Service Act isamended by repealing section 10. 1lC.

64. The National Intelligence Service Act, 2012 isamended in Section l lC by deleting the words "inaccordance with Section 10(2), (3) and (4)".

65. Section 36 of the National Intelligence ServiceAct is amended-

(a) in subsection (1) by inserting the words "whois subject to investigation by the Service or"immediately after the word "person";

(b) by deleting subsection (2).66. The National Intelligence Service Act is

amended by repealing Part V and substituting thereforwith the following new Part-

PART V-COVERT OPERATIONS

Authority to undertakecovert operations.

42. (1) In this Part"covert operations" meansmeasures, efforts and activitiesaimed at neutralizing threatsagainst national security.(2) Where the Director-General has reasonable groundsto believe that a covert operationis necessary to enable theService to investigate or dealwith any threat to nationalsecurity or to perform any of itsfunctions, the Director-Generalmay, subject to guidelinesapproved by the Council, issuewritten authorization to anofficer of the Service toundertake such operation.

(3) The writtenauthorization issued by theDirector-General under

3202 The Security lnws, (Amendment) Bill,2014

subsection (2)-(a)shall be sufficient

authorization to conductthe operation;

(b) may be served on anyperson so required toassist the Service orfacilitate the covertoperation orinvestigations requiredto be undertaken;

(c)may authorize anymember of the Serviceto obtain anyinformation, material,record, document orthing and for thatpurpose-

(i) enter any placeor obtain accessto anything;(ii) search for orremove orrefurn,examine, takeextracts from,make copies ofor record inany manner theinformation,material,record,documents orthing;

(iii) monitorcommunication;

(iv) install,maintain orremoveanything; or

The Security lnws (Amendmefi) Bill,2014 3203



Amendment of section65 ofNo. 28 of20l2.

Amendment of section74 of No. 28 of 2012.

(v) do anythingconsiderednecessary topreservenationalsecurity; and

(d) shall be specific andshall be valid for aperiod of one hundredand eighty days unlessotherwise extended.

67. Section 57 of the National Intelligence ServiceAct is amended by deleting the words "engaged in acovert operation" appearing in paragraph (b).

68. Section 64 of the National Intelligence ServiceAct is amended-

(a) by inserting the following new paragraphimmediately after paragraph (d)

-

(dd) Head of Public Service.(b) in subsection (4), by inserting the following

new paragraph immediately after paragraph (c)

(d) to perform such other functions as maybe conferred on the Council by thisAct or by any other written law.

69. Section 65 of the National Intelligence ServiceAct is amended by deleting the word "Parliament" andsubstituting therefor the words "National Assembly".

70. Section 74 of the National Intelligence ServiceAct is amended by inserting the following newsubsection immediately after subsection (2)-

(3) It shall be the duty of every State Organ,State department, agency or public entity

-


Amendment of section3 of No. 30 in?Ol2.

Insertion of section 9Ain No. 30 of 2012.

(a) that receives intelligence from theService to act on or otherwise utilize theintelligence; and

(b) to provide information requested for bythe Service.

71. Section 3 of the Prevention of Terrorism Act isamended in subsection (2) by inserting the words "as faras practicable" immediately after the words "Inspector-General shall".

72.The Prevention of Terrorism Act is amended byinserting the following new section immediately aftersection 9-

Insertion of section 73. The Prevention Of TerrOriSm Act is amended by10A in No.30 of 2012.

rnserting the following new section immediately aftersection 12-

Facilitation ofterrorist acts.

Possession of weapons for te[oristpurposes.

9A. A person, whoadvocates, glorifies, advises,incites or facilitates thecommission of a terrorist act orany act preparatory to a terroristact commits an offence and isliable, on conviction toimprisonment for a term notexceeding twenty years.

12A. (1) A person who is inpossession of a weapon, animprovised explosive device orcomponents of an improvisedexplosive device for purposesof terrorism commits anoffence and is liable, onconviction, to imprisonmentfor a term of not less thantwenty years.

The Security l,aws (Amendment) Bill,2014 3205

Possession of weapons in places ofworship institution or publicplaces.

Failure to prevent entry ofweapons.

(2)Without prejudice tosubsection (1), unlawfulpossession of improvisedexplosive devices, assaultrifles, rockets propelledgrenades or grenades shall bepresumed to be for terroristpulposes.

(3) The Cabinet Secretaryshall, on recommendation ofthe National Security Council,by notice in the Gazette,publish a list of components ofimprovised explosive devicesfor purposes of subsection (l).

1.2B. A person who, in aplace of worship institution ora public place, is in unlawfulpossession of a weapon, animprovised explosive device orcomponents of an improvisedexplosive device, commits anoffence and is liable, onconviction, to imprisonmentfor a term not exceeding thirtyyears.

12C. (1) Any person, who,being in charge of any placeof worship institution or publicplace within which illegalweapons are recovered, shallbe deemed to be in possessionof such weapons and shall beliable to imprisonment for aterm not exceeding twentyyea.rs.

3206 The Secitrity Laws (Amendment) Bill,2014

Radicalisation.

(2) It shall be a defence ifthe person referred to insubsection (1) shows that hehad no control over the entryof the weapons in the place ofworship institution or publicplace or he took appropriatestep to prevent into the placeof worship, institution orpublic place.

12D. A person who adoptsor promotes an extreme beliefsystem for the purpose offacilitating ideologicallybased violence to advancepolitical, religious or socialchange commits an offenceand is liable on conviction, toimprisonment for a term notexceeding thirty years.

Amendment of section23 in No. 30 of 2O12.

lnsertion of section30A in No. 3O of20l2.

74. Section 23 of the Prevention of TerrorismAct is amended by inserting the followingsubsection immediately after subsection (3)-

(3A) A person who being in Kenya,conspires with another person who is also inKenya to carry out a terrorist act in Kenya oroutside Kenya commits an offence.

75. The Prevention of Terrorism Act isamended by inserting the following new sectionsimmediately after section 30-

30A. (1) A person whopublishes or utters astatement that is likely to beunderstood as directly orindirectly encouraging orinducing another person to

Publication of offending material.

The Secuiity Laws (Amendment) Bill,2014 3207

Training or instruction forpurposes of terrorism.

commit or prepare to commitan act of terrorism cofirmits anoffence and is liable onconviction to imprisonmentfor a term not exceedingfourteen years.

(2) For purposes ofsubsection (1), a statementis likely to be understoodas directly or indirectlyencouraging or inducinganother person to commit orprepare to commit an act ofterrorisnr if-

(a) the circumstancesand manner of thepublications are suchthat it canreasonably beinferred that it wasso intended; or

(b) the intention isapparent from thecontents of thestatement.

(3) For purposes of thissection, it is irrelevant whetherany person is in factencouraged or induced tocommit or prepare to commitan act of terrorism.

30B. (1) A person whoknowingly-

(a) attends training orreceives

3208 The Security Inws (Amendment) Bill,2014

Presumption of travelling to acountry for purposes of beingtrained as a terrorist.

instructions at anyplace, whether inKenya or outsideKenya;or

(b) receives instructionor training on theuse or handling ofweapons,

that is wholly or partlyintended for purposesconnected with thecommission or preparation forthe commission of terroristacts, commits an offence andis liable on conviction toimprisonment for a term notless than ten years.(2) For purposes of

subsection (1), it isirrelevant whether-

the person in factreceives thetraining; or

the instruction isprovided forparticular acts ofterrorism.

30C. (l) A personwho travels to acountry designated bythe Cabinet Secretaryto be a terrorist trainingcountry withoutpassing throughdesignated immigrationentry or exit pointsshall be presumed tohave travelled to thatcountry to receivetraining in terrorism.

(a)

(b)

Laws (Amendment) Bill, 20 I 4

Forcign rcnorist fightcrr'

Aiding rnd rbctting.

Despitesubsection (1), a Personwho ordinarily residesin Kenya within an areabordering a designatedcountry is exempt fromthe provisions ofsubsection (1).

(3) For theDumoses of thisiecfion, the CabinetSecretary may, throughregulations, designateanv countrv to be ateriorist ' trainingcounffy.

30D. A Personwho is not a KenYancitizen who enters orpasses through KenYafor purposes ofengaging in terroristactivities in Kenya orelsewhere commits anoffence and shall onconviction, be liable toimprisonment for aterm not exceedingthirty years.

308. A personwho aids or abets thecommission of anoffence under this Actcommits an offence andshall be liable onconviction to a term ofimprisonment for aterm not exceedingtwenty years.

(2)

32lO The Security laws (Amendment) Bill,2014

Prohibition from b,roadcasting. 30F. (l) AnYperson who, withoutauthorization from theNational PoliceService, broadcasts anyinformation whichunderminesinvestigations orsecuriry operationsrelating to terrorismcommits an offence andis liable on conviction

imprisonment for aterm not exceedingthree years or to a finenot exceeding fivemillion shillings, orboth.

(2) A personwho publishes orbroadcasts photograPhsof victims of a terroristattack without theconsent of the NationalPolice Service and ofthe victim commits anoffence and is liable onconviction to a term ofimprisonment for Lperiod not exceed threeyears or to a fine offive million shillings,or both.

(3)Norwithstandingsubsection (2) anyperson may publish orbroadcast factual

of

The Security Laws (Amendmcnt) Bill,2014 3211

information ofgeneral nature topublic.

T6.Section 32 of the PreventionTerrorism Act is amended-

(a) in subsection (1), by deleting the term "24"and substituting therefor the term "31";

(b) by deleting subsection (3).77. Section 33 of the Prevention of

Terrorism Act is amended-

(a) by deleting subsection (2);O) bV deleting,subsection (3);(c) in subsection (5), by deleting the opening

statement and substituting therefor thewords "[n making an order for remand incustody under subsection (4Xc), the Courtshall have due regard to the followingfactors

-";(d) in subsection (10) by deleting the words

"ninety days" and substituting thereforthe words " three hundred and sixtydays."

78. Section 35 of the Prevention of Terrorism Actamended by deletiqg the words "in accordance with

a

the

ofAmcndment of section32 of No.30 of 2O12.

Amendment of scction33 ofNo.30 of2012,

Amendment of section35 of No.30 of 2012.

I3212 Thc Secwity Laws (Amenbnenr) Bill,2014

Amen&nont of sccliolr38 of No.30 of 2012.

Amon&ncnt of scctioo39 of No.30 of 2012.

Inrortioa- of rcction39A in No.30 of2O12.

ArncndDrnt of mction4l of No, 3/Jol20l2.

lnsonion of e ncw ParlzlSA inNo. fisf 2012.

Interccpion of coormunicarion 36A. The Nationalbl0rcNrdonalsccuriil' security organs mayorgane. intercept communication for the

purposes of detEcting, deterringanddisnrpting terrorism inaccordance with Procedures tobe prescribed by the CabinetSecretary.

81. Seotion 38 of the Prevention of Terrorism Actis amended by deleting the words "subordinate"appearing in subsection (1).

&1. Section 39 of the Prevention of TerrorismAct is arnended by deleting the words "subject to thprovisions of any other written law".

83. The Itlvention of Terrorisrn Act is ameudedby inserting the following new section immediably aftorsection 39-Evidcncc. 39A. The Court shall have due regard to

the authenticity and accuracy of the evidencepresented beforp it without due regard totechnicalities of procedure.

t4. Section 4L of the Prevention and TerrorismAct is amended by deleting subsection (2) andsubstituting therefor the following new subspction-

(2) A person who contravenes subsection (1)commits an offence and is liable on conviction toimprisonment for a term not exceedirtg thrce years.

85.The Prevention of Terrorism Act is amendedby inserting the following new Part immediately aftersection 40-

PART VI-MECHANISM EOR COORDINATINGCOUNTER.TERRORISM MEASIJRES

Eltrbllrhmpnt of r countir-torroriun Ccnuc.

40A. (1) Therp isestablished a National Counter-Terrorism Centne, hereinafter

i

l

I

Iaw s (Amendment) Bill, 20 I 4

referred to as the "Centre" whichshall be an inter-agencY bodY.

(2) The Centre shall consistof offices from the followingorganisations-

(a) the Director appointed bYthe National SecuritYCouncil;

(b) the National IntelligenceService;

(c) the KenyaForces;

(d) the NationalService; and

Defence

Police

(e) such other agencies asmay be determined bYthe National SecuritYCouncil.

(3) The members of theCentre specified undersubsection (2) shall be secondedto the Centre for a period ofthree years.

(4) The Director shall beresponsible for the managementand implementation of thefunctions of the Centre.

40B. (1) The Centre shall beresponsible for the co-ordinationof national counter-terrorismefforts in order to detect, deterand disrupt terrorism acts.

Responsibilities of the Centre.

3214 The Securiry laws (knendment) Bill,2Ol4

(2)Without prejudice to theprovisions of subsection (1) theCentre shall-

(a) establish a database toassist law enforcementagencies;

(b) conduct public awarenesson prevention ofterrorism;

(c) develop strategies suchas counter and de-radicalization;

(d) facilitate capacitybuilding for counter-terrorism stakeholders ;

(e) co-ordinate with othergovernment agencies toprovide securitycertification foraviation schools.

40C. (1) The Centrerequest any persongovemment body for anyinformation relating to terrorism.

(2) Members of the publichave a responsibility to furnishthe Centre with any informationrelating to terrorism which iswithin their knowledge.

86. The Kenya Citizenship and Immigration Act isamended by inserting the following new sectionimmediately after section 5

-

Establishment of Committee. 5A. (1) There is establisheda Committee to be known as theBorder Control and OperationsCoordination Committee.

Reoponsibility of the public andgovernment bodies.

mayor

Insertion of ncwsection 5A in No. 12 of20tt.

The Security Laws (,4nendment) Bill,2014 3215

(2) The Committee shallconsist of

-

(a) the Principal Secretaryto the Ministryresponsible for nationalsecurity who shall bethe chairperson;

(b) the hincipal Secretaryto the Ministryresponsible for health;

(c) the Commissioner-General of the KenyaRevenue Authority;

(d) the Director ofImmigration;

(e)the Inspector-Generalof the National PoliceService;

(0 the Director of theKenya AirportsAuthority;

(g) the Managing Directorof the Kenya PortsAuthority;

(h) the Director-General ofthe Kenya MaritimeAuthority;

(i) the Director-General ofthe NationalIntelligence Service;

() the Director of theKenya Plant HealthInspectorate Service;and

(k) the Managing Director

3216 The Security ltws (Atnendwent) Bill,2Ol4

Functions of the Committce

of the KenYa Bureau ofStandards; and

58. (1) The tunctions of.., Oe Committee shall bc to

-

(a) forrrulate Policies andProgrammes for thetllanAgement andconEol of designatedentry and exit Points;

(b) co-ordinateexchange

theof

information berweenthe resPectiveagencies responsiblefor the security andmanagement of theborders at thPdesignated entry andexit points;

(c) ensure compliancewith standards bythe respective agenciesto ensure the effectiveand efficientnihrtagement ofoperations at thedesignated entry andexit points;

(d) exercise oversightauthority over theoperations of therespective agencies atthe designated entryand exit points; and

(e) perform such otherfunctions as may beconferred on it by thisAct or any otherwritten law.

The Security laws (Amendment) Bill,2014 32t7

Sub-committeesCommittee.

of the

Report to the National SecurityCouncil.

(2) The Committee maydesignate at least three publicofficers from the respectiveagencies to coordinate andmonitor the operations of therespective agencies at thedesignated entry and exit Points.

5C. (1) The Committeemay, from time to time, establishsuch sub-committees as it mayconsider necessary for the bettercarrying out of its functionsunder this Act.

(2) The Committee may co-opt into the sub-committeesestablished under subsection (1)public officers whoseparticipation is necessary for theproper performance of thefunctions of the Committee.

5D. The Committee shallsubmit to the National SecurityCouncil at the end of every Year,a report in respect of that Yearcontaining-

(a) a reportactivitiesoperationsthat year; and

(a) Such otherinformation as theCommittee mayrequire.

Amendmcnt of section 87. SectiOn 7 of the Kenya Citizenship and7orNo't?or2ott' Immigration Act is amended by deleting the words "bybirth"-appearing immediately after the words "was or isacitinen".

insertion of a new 88. The Kenya Citizenship and Immi_gfation Act isparagraph (h) in amended in section 31(1) by inserting the following new

on itsand

during

32r8 The Security Laws (Amendment) Bill,2014

section 31(1) ofNo. 12of20l1.

Insertion of newparagraph (w) insection 33(1) of No. l2of 201 l.

Insertion of newparagraphs (f) (g) (h)(i)() in section 39 ofNo.12of201l.

Amendment of sectionz0(1) of No. 12 of201 1.

paragraph immediately after paragraph (g) -

(h) subject to the Constitution, any othercircumstances which in the opinion of theDirector would be prejudicial to the interest ofthe State or holder o-f the passport.

89.The Kenya Citizenship and Immigration Act isamended in section 33 in subsection (1) by inserting thefollowing new paragraph immediately after paragraph(v)-

(w) a person who has been repatriated andor removed from Kenya under any lawful order.

90.The Kenya Citizenship and Immigration Act isamended in section 39 by inserting the following newparagraphs immediately after para$aph (e)

-

(0 the person has violated provisions of this Act;(g) the person acquired the permanent residence

status by fraud, false representation orconcealment of any material fact;

(h) the person has during any war in whichKenya was engaged unlawfully traded orcommunicated with an enemy or beenengaged in or associated with any businessthat was knowingly carried on in such amanner as to assist an enemy in that war;

(i) the person has within five years atteracquiring permanent residence status beenconvicted of an offence and sentenced toimprisonment for a term of three years orlonger; and

O if the person domiciled outside the countrycontinuously for a period of two years unlessthey were previously citizens by birth.

91. The Kenya Citizenship and Immigration Actis amended in section 40 by-

(a) deleting subsection (1) and substitutingtherefor the following new subsection-


Insertlon of newparagraphs (d) (eXf)(g) (h) (i) () in section41(1) of No. 12 of201 l.

Amendment of section47 ofNo. 12of20ll.

"Committee" means the permitsdetermination committee appointed by theCabinet Secretary"

(b) in subsection (3) by inserting the words"before entry into Kenya immediately afterthe words "prescribed manner" appearing inpara$aph (a).

92. The Kenya Citizenship and Immigration Act isamended in section 41 in subsection (l) by inserting thefollowing new paragraphs immediately after paragraph(c)-

(d) has violated any of the terms of his or herstay under the permit;

(e) has violated any of the provisions of this Actor ReBulations made under it;

(0 has been declared a prohibited immigrant orinadmissible person;

(g) has become an undesirable immigrant;(h)acquired the permit by fraud, false

representation or concealment of anymaterial fact;

(i) has during any war in which Kenya wasengaged unlawfully traded or communicatedwith an enemy or been engaged in orassociated with a'ny business that wasknowingly carried on in such a manner as toassist an enemy in that war; and

0) the person has after acquiring the permit beenconvicted of an offence and sentenced toimprisonment for a term of three years orlonger

93.The Kenya Citizenship and Irnmigration Act isamended in section 47-

3220 The Securiry Laws (Amendment) Bill,2014

ertion of new,raph (m) in

'54 ofNo, 12 of

(a) by inserting the words "and shall makeweekly returils to'the Director" at the end ofsubsection (2);

(b) by inserting the following newsubsection immediately after subsection (2)

-

(2A) Notwithstanding theprovisions of subsection (2), the Director

' may at any time request for submission ofthe records of all customers who areforeign nationals.

94. The Kenya Citizenship and Immigration Actis amended in section 54 in subsection (1) by insertingthe following new paragraph immediately afterparagraph l-

(m) uses as a passport, entry permit, pass,written authority, consent or approval issued tohim, an entry permit, pass, written authority,consent.or approval issued to another person.

95. The Kenya Citizenship and Immigration Actnended in section 56 by deleting subsection (2) and

\rting therefor the following new subsection*


Amendment of section12 of No. I lA of 201 l.

Amendment of sectlonl5of No. llAof 2011.

Amendment of scctionl7 of No. I 1A of 201 l.

Amcndment of section29of No. llAof 2011.

Amendment of section94of No. llAof 2011.

Amendment of section87 ofNo. llA of20ll.

97. Section 12 of the National Police! ,, Service Act is amen{ed by-

(a) deleting subsection (2) and substitutingtherefor the following subsection-

ro,*52J .ffi" "# Ttil: "ilfl :".*Tthe office of the Inspector-General,

nominate a person for appointrnent as anInspector-General and submit the name ofthe nominee to the National Assembly.

(b) deleting subsections (3), (4), (5), and (6).98. Section 15 of the National Police

Service Act is amended by deleting subsections(2),(4), (5), (6), (7) and (8).99. Section 17 of the National Police

Act is amended by deleting subsections (2), (3),(4), (5) and (6).

lil). Section 29 of the National PoliceService Act is amended by deleting subsections(2) and (3).

101. Section 94 of the National Police ServiceAct is amended by-

(a) in subsection (1) deleting the expression"twenty one" and substituting therefor "ten";and

O) in subsection (3) by deleting the words "or toa fine not exceeding one hundred thousandshillings"

102. Section 87 of the National Police ServiceAct is amended by inserting the following subsectionimmediately after subsection (2)-

(2A) Without prejudice to subsection (2), theunit may where necessary investigateand recommend appropriate action inrespect of any Found engaging in anyunlawful conduct.

3222 The Security lanvs (Amendment) Bill,2014

Amendment of section88 of No. I lA of 201 1.

Lnsertion ofsection 76AllA of2011.

Insertion ofsection 95AltA of2011.

Databaseretired andofficers

a newof No.

103. Section 88 of the National Police ServiceAct is amended by inserting the following newsubsection immediately after subsection (3)-

(3A). A police officer convicted of anoffence under subsection (3) shall be liable toimprisonment for a term not exceeding ten years.

104. The National Police Service Act is amendedby inserting the following section immediately aftersection 76-

on

other76A. The Commission shall keep,maintain and update a database of allofficers who retire, desert, aredismissed or otherwise leave theService.

a newof No. 105. The National Police Service Act is amendedby inserting the following section immediately after

section 95-

National Police 95A. (l) There is establishedService Disciplinary the National Police ServiceBoard Disciplinary Board which shall

consist of-(a) a person qualified to be

appointed as a judge ormagistrate who shall be thepresiding officer appointedby the Commission;

(b) five other membersappointed by Commissionas follows-(i) two members

representing theKenya PoliceService;

The Security l,aws (Amendment) Bill,2014

(ii) two memhrsrepresenting theAdministrationPolice Service;

(iii) one memberrepresenting theDirectorate ofCriminalinvestigations

(2) The Board shall-(a) inquire into matters

related to discipline forofficers of the rank of orabove assistantsuperintendent broughtto its attention by anofficer of the Service,

(b) undertakeproceedings

disciplinary

accordance withregulations issuedthe Commission;

(c) determine and makerecommendations to theCommission, includingrecommendation forsummary dismissal,based on its findings.

(3) In conducting an inquiryunder subsection (2) (a), the Roardmay engage the services of any personor institution with expert knowledgein the matter to which the inquiryrelates.

(4) The Commission mayestablish such other subordinateBoards to be constinrted as and whennecessary at the respective Servicecommands at county, formation, unit

mtheby

3224 The Security Laws (Ancnfunent) Bill,2014

Amendment of Sectionzlo of No.llA of 2011.

Amcndment of section6 ofNo.l8 of 2013.

and station levels which shallundertake disciplinary Proceedings in

' accordance Service Sunding Orders'

"' inooir(5 ) t"l,"*'ffi*ff 1","T,:o tn*disiipline for officers of the rank of orbelow chief inspector brought to itsattention by an officer of the Service.

106. The National Police Service Act is amendedin section 4O by inserting the following new subsectionimmediately after subsection (4)-

(4A) Each Police station establishedunder subsection (1) shall have the functionof maintaining security within its area ofjurisdiction, and shall for that purposerequire that all hotels and otherestablishments offering accommodationfacilities maintain a record of all the guestswithin their facilities, indicating in respectofeach guest thr

(a) name;(b) identity card or passport number;(c) sex;(d) telephone number;(e) email address, and

any unique character obtaining to suchguests and submit such record to the policestation at least once every week.

1:O7. Section 6 of the Public BenefitsOrganizations Act is amended !,V

-inserting thefoflowing new subsections immediately after subsection(4)-

The Security Laws (Amendment) Bill,2014

Amendment to section2 of No. 2l of 2Ol3.

Insertion of a newsection 61.4 in No.2lof2013.

, (4B) The Authority upon consultation with theCabinet Secretary, may from time to time review theclassification of public benefit organizations.

(4C) The Cabinet Secretary shall, uponconsultation with the Authority, make regulations toproVide for the manner, conduct and criteria forclassification of public benefit organizations.

108. Section 2 of the Civil Aviation Act,is amended in section 2 by insening the followingnew definition in its proper alphabeticalsequence*

"unmanned aerodrome" means anyaerodrome where air traffic services are notprovided.

109. The Civil Aviation Act is amended in section61 by inserting the following new section immediatelyafter section 61-

Prohibition 61A. (1) Where an aircraft isli,f"l[T* flown fio?n any unmanneduppro"ui. aerodrome or point within Kenya to

another unmanned aerodrome orpoint within Kenya, the Pilot-In-Command of such aircraft and theoperator of such aerodrome shall be

. required to provide such informationas the Cabinet secretary mayprescribe from time to time.

(2) The information undersubsecfion (1) shall include details ofthe flight and the nature of theoperations.

3226 The Security Laws (tunendment) Bill,2014

MEMORAI\DT]M OF OBJECTS AND REASONSThe Security Laws (Amendment) Bill, ?-0l4is in keeping with the practiceof making minor amendments which do not merit the publication of aseparate Bill and consolidating them into one Bill.

The Bill contains proposed amendments to the following laws.

The Public Order Act (Cap.56)At present, the Act makes references to offices and institutions that havebeen made obsolete in the reorganization of the Government of Kenyaundertaken since the promulgation of the Constitution of Kenya on August27'h 20LO. This Bill seeks to amend the Act to make specific reference toGovernors, members of county assemblies, counties, the Cabinet Secretaryfor Interior and Co-ordination of National Government, the Director ofPublic Prosecutions, the Inspector-General of Police, and the NationalPolice Service. The Bill also seeks to enhance the penalties for offencescommitted under the Act.

The Penal Code (Cap.63)The Bill seeks to amend the Act to make provision for the offence of apublic officer aiding or facilitating the commission of a felony, the offenceof a public officer facilitating the entry of a criminal into Kenya, and theoffence of a public officer concealing the whereabouts of a criminal andprescribes the punishment for these offences. The Bill also seeks to makeit a felony for any person to intentionally insult the modesty of any personand prescribes a punishment for the same.

The Extradition (Contiguous and Foreign Countries) Act (Cap.76)The Bill seeks to harmonise the Act with the offices and institutionscreated under the Constitution of Kenya. It also seeks to enhance co-operation between Kenya and conffacting nations in relation to the speedyextradition of persons from Kenya to those contracting countries. It alsoseeks to ensure that where a court is satisfied that a warrant of extraditionhas been properly issued by a contracting party the procedure outlined insection 7 of the Act need not be followed.

IThe Security Laws (Antendment) Bill,2014 3227

The Criminal Procedure Code (Cap.75)

The Bill seeks to amend the Act by inserting new provisions in relation tothe arest and detention of a person beyond the twenty-four hoursstipulated in the Constitution, regarding the -question of bail in relation tocertain persons wo have been arrested or detained, in relation to the formof evidence that may be disclosed to an accused person before or duringthe course of a trial, in relation to the execution of search warrants, and thepower of the Director of Public Prosecutions to appeal against theacquittal of a person in a trial in a subordinate court or the High Court orthe dismissal of charges against that person. The Bill also seeks to providefor the police supervision of certain classes of persons who have beenconvicted of criminal offences, and the amendment of orders or warrants.

The Registration of Persons Act (Cap.107)

The Bill seeks to amend the Act by inserting new provisions in relation tothe establishment of identification committees or identification agents, thecancellation or revocation of identity cards, and the enhancement ofcertain penalties under the Act.

The Evidence Act (Cap.80)The Bill seeks to amend the Act to provide for the admissibility ofelectronic and digital evidence, the proving of written statements, theproving of certain facts, and the receiving of oral testimony byteleconferencing or video conferencing.

,.' I

The Prisons Act (Cap.90)The Bill seeks to amend the Act by making provision for the separation ofprisoners convicted of terrorism-related offences while in prison, and thecreation and maintenance of a database of all prisoners detained in Kenya.

The Firearms Act (Cap.114)The Bill seeks to amend the Act by making provision for theestablishment of a Firearms Licensing Board and for the regulation of thehandling or use of certain new classes or types of weapons and armouredvehicles.

3228 The Security Iaws (Amendment) Bill,2014

The Radiation Protection Act (Cap.A3)The Bill seeks to amend the Act by making provisions regarding themembership of the Radiation Protection Board, and the regulation ofnuclear and radioactive material.

The Rent Restrictions Act (Cap.296)

The Bill seeks to amend the Act to make provision for the maintenanceand form ofrecords oftenants by landlords.

The Kenya Airports Authority Act (Cap.395)

The Bill seeks to amend the Act to make provision for prohibitions orresffictions and the zoning of land around aerodromes, and theestablishment of an Inter-Agency Security Advisory Committee, itsmembership, its mandate and connected matters.

The Traffic Act (Cap.403)The Bill seeks to amend the by providing for the enhancement of certainpenalties prescribed under the Act and for the regulation of car-sellingestablishments and similar establishments by the Cabinet Secretary. TheBill also proposes to amend the Traffic Act in order to provide for anoffence for in instances where an owner or general dealer uses a motorvehicle or trailer without the an identification plate. The Bill furtherrequires the suspension of drivers' licence of a driver who has beeninvolved in an accident resulting in fatalities and preliminaryinvestigations by police show that person is responsible for the accident.The Bill also increases the general penalty from ten thousand shilling toone hundred thousand shillings, for any offence committed under the Actand where no penalty has been prescribed. The Bill requires the CabinetSecretary to make rules relating to licensing of establishments ofestablishments or persons engaged in selling, hiring or leasing motorvehicles, motor vehicle spare parts dealers and garages.

The Investment Promotion Act (Cap.4E5)The Bill proposes to amend the Investment Promotion Act in order tospecify the matters in which the Cabinet Secretary is required to makeRegulations on, which inter alia inclades prescribing the categories ofemployees to be issued with work permits and prescribing procedures forthe vetting of investors.

The Security Laws (Amendnent) Bill,20l4 3229

The Labour Institutions Act (No. 12 ot2012)The Bill amends the Labour Institutions Act by constituting an inter-ministerial agency from various goveilrment ministries which shall beresponsible for overseeing the registration and operations of theemployment bureaus and agencies. Every employment bureau or agency isrequired to obtain approval from the government prior to sending Kenyancitizens abroad.

The National Transport Safety Authority Act (No.33 of 2012)The Bill amends the National Transport Authority Act by requiring allvehicles including private vehicle to be licenced before being used aspublic service vehicles. Commercial service vehicle whose tare weightexceeds three thousand and forty eight kilograms are also required to belicensed before being operated.

The Refugees Act (No.13 of 2006)The Bill amends the Refugees Act to prescribe the limitation of thenumber of refugees or asylum seekers permitted to stay in Kenya. The Billfurther permits Parliament to vary the limitation provided under the Act.The Refugees are also required to remain in their designated camp untiltheir status has been processed and concluded.

The National Intelligence Service Act (No.28 ot2012)The Bill amends the National Intelligence Act by empowering policeofficers to be able to stop and detain persons whom they witness engagingin serious crimes or are in possession of objects or material that could beused for the commission of a serious crime. The Bill has also provided forthe undertaking of covert operations for purposes of neutralizing threatsagainst national security. The Bill funher places an obligation on the StateOrgans, State department agency or public entity that receives intelligencefrom the Service to act on or utilize the intelligence.

The Prevention of Terrorism Act (No.30 of 2OL2)The Bill amends the Prevention of Terrorism Act to create an offence forpossession of weapons for terrorist purposes, possession of weapons inplaces of worship or public places , possession of weapons by aninstitution or place of worship and radicalization- Publication of offendingmaterial is also prohibited. The Bill has also created an offence for aperson who knowingly attends or receives training or instructions at anyplace of worship. A presumption shall be made regarding a person whotravels to a country designated by the Cabinet Secretary to be a terroristtraining country, where that person does not pass through the designatedexit points. The Bill also proposes to allow the National Security Organsto intercept communication for the purposes of detecting, deterring and

3230 The Security l,aws (Amendment) BilL 2014

securitylaws amendment bill 2014

Documents

public order act

ain subsection

public meetingscommits

security lawsamendment

new section

amendment of section7

amendment of section8

national policeserviceb