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«THE SECURITY LAWS (AMENDMENT) ACT, 2014 AN ACT of Parliament to amend the laws relating to security ENACTED by the Parliament of Kenya, as follows― ...»

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THE SECURITY LAWS (AMENDMENT) ACT, 2014 AN ACT of Parliament to amend the laws

relating to security ENACTED by the Parliament of Kenya, as follows―

Short title.

1. This Act may be cited as the Security Laws (Amendment) Act, 2014 and shall come into force

upon publication.

Amendment of section 3 of Cap. 56.

2. Section 3 of the Public Order Act is amended—

(a) in subsection (1) by deleting the words ―one thousand shillings or to imprisonment for a term not exceeding six months‖ and substituting therefor the term ―one hundred thousand shillings or imprisonment for a term not exceeding two years‖;

(b) in subsection (2) by deleting the expression ―Attorney-General‖ and substituting therefor the expression ―Director of Public Prosecutions‖;

Amendment of section 7 of Cap. 56.

3. Section 7 of the Public Order Act is amended— (a) in subsection (1) by deleting the expression ―Commissioner of Police‖ and substituting therefor the expression ―Inspector–General of National Police Service;

(b) in subsection (6) by deleting the term ―Commissioner of Police‖ and substituting therefor ―Inspector–General of National Police Service‖.

Amendment of section 8 of Cap. 56.

4. Section 8 of the Public Order Act is amended— (a) in subsection (1) by— (i) deleting the words ―Commissioner of Police or Provincial Commissioner‖ and substituting therefor the words ―Cabinet Secretary, on the advice of the Inspector-General of the National Police Service‖;

(ii) deleting the expression ―(being, in the case of a Provincial Commissioner within his province)‖;

(b) by deleting subsection (4);

(c) in subsection (6) by deleting the term ―one thousand‖ and substituting therefor the term ―ten thousand‖.

Amendment of section 9 of Cap. 56.

5. Section 9 of the Public Order Act is amended— (a) in subsection (1) by deleting the term ―province‖ and substituting therefor the term ―county‖;

(b) in subsections (3) by deleting the term ―Commissioner of Police‖ and substituting therefor the term ― Cabinet Secretary‖;

(c) in subsection (6) by deleting the term ―one‖ and substituting therefor the term ―ten‖.

Amendment of section 11 of Cap. 56.

6. Section 11 of the Public Order Act is amended in subsection (1) by deleting the term ―ten‖ and substituting therefor the term ―one hundred‖.

Repeal of section 12 of Cap. 56.

7. The Public Order Act is amended by repealing section 12.

Amendment of section 13 of Cap. 56.

8. Section 13 of the Public Order Act is amended in subsection (1) by deleting the expression ―47 of the Police Act‖ and substituting therefor the expression ―106 The Security Laws (Amendment) Act, 2014 of the National Police Service Act‖.

Amendment of section 17 of Cap. 56.

9. Section 17 of the Public Order Act is amended by deleting the term ―five thousand‖ and substituting therefor the term ―fifty thousand‖.

Amendment of section 19 of Cap. 56.

10. Section 19 of the Public Order Act is amended by deleting the term ―Attorney-General‖ and substituting therefor the term ―Director of Public Prosecutions‖.

Amendment of section 21 of Cap. 56.

11. Section 21 of the Public Order Act is amended by deleting the words ―of the first class‖.

Insertion of new section 66A in Cap. 63.

12. The Penal Code is amended by inserting the following new section immediately after section 66─ Prohibited publications and broadcasts.

66A. (1) A person who publishes, broadcasts or causes to be published or distributed, through print, digital or electronic means, insulting, threatening, or inciting material or images of dead or injured persons which are likely to cause fear and alarm to the general public or disturb public peace commits an offence and is liable, upon conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding three years or both.

(2) A person who publishes or broadcasts any information which undermines investigations or security operations by the National Police Service or the Kenya Defence Forces commits an offence and is liable, upon conviction, to a fine not exceeding five million shillings or a imprisonment for a term not exceeding three years, or both.

(3) The freedom of expression and the freedom of the media The Security Laws (Amendment) Act, 2014 under Articles 33 and 34 of the Constitution shall be limited as specified under this section for the purposes of limiting the publication or distribution of material likely to cause public alarm, incitement to violence or disturb public peace.

Insertion of new section 128A in Cap. 63.

13. The Penal Code is amended by inserting the following new section immediately after section 128─ Offences by public officers.

128A. A public officer commits an offence and is liable, upon conviction, to imprisonment for a term of not less than fifteen years where in the course of his or her employment he or she─ (a) aids or facilitates the commission of a felony;

(b) facilitates the irregular entry of an alien or a criminal into Kenya;

(c) conceals the whereabouts of a criminal; or (d) irregularly issues identification documents, is guilty of a felony and is liable, on conviction, to imprisonment for a term of not less than ten years.





Insertion of new section 251A in Cap. 63.

14. The Penal Code is amended by inserting the following new section immediately after section 251─ The Security Laws (Amendment) Act, 2014 Insulting modesty by forcible stripping.

251A. A person who intentionally insults the modesty of any other person by forcibly stripping such person, commits an offence and is liable, upon conviction, to imprisonment for a term not less than ten years.

Insertion of section 36A of Cap. 75.

15. The Criminal Procedure Code is amended by inserting the following new sections immediately after 36 — Remand by court.

36A. (1) Pursuant to Article 49(1) (f) and (g) of the Constitution, a police officer shall present a person who has been arrested in court within twenty-four hours after being arrested. (2) Notwithstanding subsection (1), if a police officer has reasonable grounds to believe that the detention of a person arrested beyond the twenty-four hour period is necessary, the police officer shall— (a) produce the suspect before a court; and (b) apply in writing to the court for an extension of time for holding the suspect in custody.

(3) An application under subsection (2) shall be supported by an affidavit sworn by the police officer and shall specify— The Security Laws (Amendment) Act, 2014 (a) the nature of the offence for which the suspect has been arrested;

(b) the general nature of the evidence on which the suspect has been arrested;

(c) the inquiries that have been made by the police in relation to the offence and any further inquiries proposed to be made by the police; and (d) the reasons necessitating the continued holding of the suspect in custody.

(4) In determining an application under subsection (2), the court shall consider any objection that the suspect may have in relation to the application and may— (a) release the suspect unconditionally;

(b) release the suspect subject to such conditions as the court may impose to ensure that the suspect— (i) does not, while on release, commit an The Security Laws (Amendment) Act, 2014 offence, interfere with witnesses or the investigations in relation to the offence for which the suspect has been arrested;

(ii) is available for the purpose of facilitating the conduct of investigations and the preparation of any report to be submitted to the court dealing with the matter in respect of which the suspect stands accused; and (iii) appears at such a time and place as the court may specify for the purpose of conducting preliminary proceedings or the trial or for the purpose of assisting the police with their inquiries;

or The Security Laws (Amendment) Act, 2014 (c) having regard to the circumstances specified under subsection (5), make an order for the remand of the suspect in custody. (5) A court shall not make an order for the remand in custody of a suspect under subsection (5)(c) unless— (a) there are compelling reasons for believing that the suspect shall not appear for trial, may interfere with witnesses or the conduct of investigations, or commit an offence while on release;

(b) it is necessary to keep the suspect in custody for his protection, or, where the suspect is a minor, for his welfare;

(c) the suspect is serving a custodial sentence; or (d) the suspect, having been arrested in relation to the commission of an offence, has breached a condition for his release.

(6) The court may, for the purpose of ensuring the attendance of a suspect under subsection (4)(b)(ii) or (iii), The Security Laws (Amendment) Act, 2014 require the suspect— (a) to execute a bond for such reasonable amount as the court considers appropriate in the circumstances; and (b) to provide one or more suitable sureties for the bond.

(7) Where a court makes an order for the remand of a suspect under subsection (4)(c), the period of remand shall not exceed thirty days. (8) A police officer who detains a suspect in respect of whom an order has been issued under subsection (4)(c) may, at any time before the expiry of the period of remand specified by the court, apply to the Court for an extension of that period. (9) The court shall not make an order for the extension of the time for remand under subsection (8) unless it is satisfied that having regard to the circumstances for which an order was issued under subsection (4)(c), it is necessary to grant the order.

(10) Where the court grants an extension under subsection (9), such period shall not, together with the period for The Security Laws (Amendment) Act, 2014 which the suspect was first remanded in custody, exceed ninety days.

Insertion of a new section 42A of Cap. 75.

16. The Criminal Procedure Code is amended by inserting the following new sections immediately after 42 – Disclosure by prosecution.

42A. (1) Pursuant to Article 50(2)(j) of the Constitution, the prosecution shall inform the accused person in advance of the evidence that the prosecution intends to rely on and ensure that the accused person has reasonable access to that evidence.

(2) In proceedings under the Prevention of Terrorism Act, the Narcotic Drugs and Psychotropic Substances (Control) Act, the Prevention of Organized Crimes Act, the Proceeds of Crime and Anti-Money Laundering Act and the Counter-Trafficking in Persons Act, the prosecution may, with leave of court, not disclose certain evidence on which it intends to rely until immediately before the hearing— (a) if the evidence may facilitate the commission of other offences;

(b) if it is not in the public interest to disclose such evidence;

(c) where there are grounds to believe that disclosing such The Security Laws (Amendment) Act, 2014 evidence might lead to an attempt being improperly made to persuade a witness to make a statement retracting his original statement, not to appear in court or otherwise to intimidate him.

(3) Evidence shall be deemed to be in the public interest, if that evidence — (a) touches on matters of national security;

(b) touches on the identity of an informant where there are good reasons for believing that disclosure of the informant’s identity may place the family of the informant in danger;

(c) discloses the identity of a witness who might be in danger of assault or intimidation if his identity is known;

(d) contains details which, if they became known, might facilitate the commission of other offences or alert someone not in custody that the The Security Laws (Amendment) Act, 2014 person was a suspect;

(e) discloses some unusual form of surveillance or method of detecting crime.

(4) Disclosure of evidence to the Court and the accused person under this section shall be done in camera.

Insertion of section 118A of Cap. 75.

17. The Criminal Procedure Code is amended by inserting the following new section immediately after section 118— Ex-parte application for search warrant.

118A. An application for a search warrant under section 118 shall be made ex-parte to a magistrate.

Insertion of sections 343 – 345 in Cap. 75.

18. The Criminal Procedure Code is amended by inserting the following provisions immediately after section 342 —

POLICE SUPERVISION

Person twice convicted may be subject to police supervision.

343.(1) When a person, having been convicted of an offence punishable with imprisonment for a term of three years or more is again convicted of an offence punishable with imprisonment for a similar term or of an offence under section 345, the court may, at the time of passing sentence of imprisonment on that person, also order that he shall be subject to police supervision as provided by section 344 for a period not exceeding five years from the The Security Laws (Amendment) Act, 2014 date of his release from prison.

(2) If the conviction is set aside on appeal or otherwise, the order shall become void.

(3) An order under this section may be made by the High Court when exercising its powers of revision.

Requirements from persons subject to police supervision.

344. (1) A court may at any time direct that a person shall, whilst subject to police supervision under section 343 and at large in Kenya, comply with all or any of the following requirements, and may vary any such directions at any time— (a) to reside within the limits of a specified area;

(b) not to transfer his or her residence to another area without the written consent of an authorised police officer in charge of that area; (c) not to leave the area in which the person resides without the written consent of the police officer in charge of that area;

(d) at all times to The Security Laws (Amendment) Act, 2014 keep the authorised police officer in charge of the area in which the person resides notified of the house or place in which he or she resides and provide his or her telephone and other contacts;

(e) to present him or herself, whenever called upon by the authorised police officer in charge of the area in which the person resides, at any place in that area specified by that officer.



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