2. Prohibition from broadcasting. 30F. (1) Any person who, without authorization from the National Police Service, broadcasts any information which undermines investigations or security operations relating to terrorism commits an offence and is liable on conviction to a term of imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings, or both. (2) A person who publishes or broadcasts photographs of victims of a terrorist attack without the consent of the National Police Service and of the victim commits an offence and is liable on conviction to a term of imprisonment for a period not exceed three years or to a fine of five million shillings, or both. The Security Laws (Amendment) Act, 2014 (3) Notwithstanding subsection (2) any person may publish or broadcast factual information of a general nature to the public. Amendment of section 32 of No.30 of 2012. 65. Section 32 of the Prevention of Terrorism Act is amended by deleting subsection (3). Amendment of section 33 of No.30 of 2012. 66. Section 33 of the Prevention of Terrorism Act is amended— (a) in subsection (5), by deleting the opening statement and substituting therefor the words ―In making an order for remand in custody under subsection (4)(c), the Court shall have due regard to the following factors –‖; (b) in subsection (10) by deleting the words ―ninety days‖ and substituting therefor the words ― three hundred and sixty days.‖ Amendment of section 35 of No.30 of 2012. 67. Section 35 of the Prevention of Terrorism Act is amended by deleting the words ―in accordance with section 26‖ appearing immediately after subsection (3) (b) (iii). Amendment of section 36 of No 30 of 2012. 68. The Prevention of Terrorism Act is amended in section 36(1) by inserting the words ―to a Chief Magistrate or‖ immediately before the words ―to the High Court‖. Insertion of section 36A in No.30 of 2012. 69. The Prevention of Terrorism Act is amended by inserting the following new section immediately after section 36- The Security Laws (Amendment) Act, 2014 320 8 Interception of communication by the National Security Organs. 36A. (1) The National Security Organs may intercept communication for the purposes of detecting, deterring and disrupting terrorism in accordance with procedures to be prescribed by the Cabinet Secretary. (2) The Cabinet Secretary shall make regulations to give effect to subsection (1), and such regulations shall only take effect upon approval by the National Assembly. (3) The right to privacy under Article 31 of the Constitution shall be limited under this section for the purpose of intercepting communication directly relevant in the detecting, deterring and disrupting terrorism. Amendment of section 38 of No.30 of 2012. 70. Section 38 of the Prevention of Terrorism Act is amended by deleting the words ―Chief Magistrate’s‖ appearing in subsection (1). Amendment of section 39 of No.30 of 2012. 71. Section 39 of the Prevention of Terrorism Act is amended by deleting the words ―subject to the provisions of any other written law‖. Insertion of section 39A in No. 30 of 2012. 72. The Prevention of Terrorism Act is amended by inserting the following new section immediately after section 39— Evidence. 39A. The Court shall have due regard to the authenticity and accuracy of the evidence presented before it without undue regard to technicalities of procedure. The Security Laws (Amendment) Act, 2014 Amendment of section 41 of No. 30 of 2012. 73. Section 41 of the Prevention and Terrorism Act is amended by deleting subsection (2) and substituting therefor the following new subsection― (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding three years. Insertion of a new Part 48A in No. 30 of 2012. 74. The Prevention of Terrorism Act is amended by inserting the following new Part immediately after section 40— PART VI—MECHANISM FOR COORDINATING COUNTER-TERRORISM MEASURES Establishment of a counter-terrorism Centre. 40A. (1) There is established a National Counter-Terrorism Centre, hereinafter referred to as the ―Centre‖ which shall be an inter-agency body. (2) The Centre shall consist of offices from the following organisations— (a) the Director appointed by the National Security Council; (b) the National Intelligence Service; (c) the Kenya Defence Forces; (d) the Attorney General; (e) Directorate of Immigration and Registration; (f) the National Police Service; and The Security Laws (Amendment) Act, 2014 321 0 (g) such other national agencies as may be determined by the National Security Council. (3) The members of the Centre specified under subsection (2) shall be seconded to the Centre for a period not exceeding three years. (4) The Director shall be responsible for the management and implementation of the functions of the Centre. Responsibilities of the Centre. 40B. (1) The Centre shall be responsible for the co-ordination of national counter-terrorism efforts in order to detect, deter and disrupt terrorism acts. (2)Without prejudice to the provisions of subsection (1) the Centre shall— (a) establish a database to assist law enforcement agencies; (b) conduct public awareness on prevention of terrorism; (c) develop strategies such as counter and de-radicalization; (d) facilitate capacity building for counter- The Security Laws (Amendment) Act, 2014 terrorism stakeholders; (e) co-ordinate with other government agencies to provide security certification for aviation schools or companies. Responsibility of the public and government bodies. 40C. (1) The Centre may request any person or government body for any information relating to terrorism. (2) Members of the public have a responsibility to furnish the Centre with any information relating to terrorism which is within their knowledge. Insertion of new section 5A in No. 12 of 2011. 75. The Kenya Citizenship and Immigration Act is amended by inserting the following new section immediately after section 5 — Establishment of Committee. 5A. (1) There is established a Committee to be known as the Border Control and Operations Coordination Committee. (2) The Committee shall consist of — (a) the Principal Secretary to the Ministry responsible for national security who shall be the chairperson; (b) the Principal Secretary to the Ministry responsible for health; (c) the Commissioner-General of the Kenya Revenue Authority; The Security Laws (Amendment) Act, 2014 321 2 (d) the Director of Immigration; (e) the Inspector-General of the National Police Service; (f) the Director of the Kenya Airports Authority; (g) the Managing Director of the Kenya Ports Authority; (h) the Director-General of the Kenya Maritime Authority; (i) the Director-General of the National Intelligence Service; (j) the Director of the Kenya Plant Health Inspectorate Service; and (k) the Managing Director of the Kenya Bureau of Standards; and Functions of the Committee 5B. (1) The functions of the Committee shall be to — (a) formulate policies and programmes for the management and control of designated entry and exit points; (b) co-ordinate the exchange of information between the respective agencies responsible The Security Laws (Amendment) Act, 2014 for the security and management of the borders at the designated entry and exit points; (c) ensure compliance with standards by the respective agencies to ensure the effective and efficient management of operations at the designated entry and exit points; (d) exercise oversight authority over the operations of the respective agencies at the designated entry and exit points; and (e) perform such other functions as may be conferred on it by this Act or any other written law. (2) The Committee may designate at least three public officers from the respective agencies to coordinate and monitor the operations of the respective agencies at the designated entry and exit points. The Security Laws (Amendment) Act, 2014 321 4 Sub-committees of the Committee. 5C. (1) The Committee may, from time to time, establish such sub-committees as it may consider necessary for the better carrying out of its functions under this Act. (2) The Committee may co-opt into the sub-committees established under subsection (1) public officers whose participation is necessary for the proper performance of the functions of the Committee. Report to the National Security Council. 5D. The Committee shall submit to the National Security Council at the end of every year, a report in respect of that year containing- (a) a report on its activities and operations during that year; and (a) Such other information as the Committee may require. Amendment of section 7 of No. 12 of 2011. 76. Section 7 of the Kenya Citizenship and Immigration Act is amended by deleting the words ―by birth‖ appearing immediately after the words ―was or is a citizen‖. Insertion of a new paragraph (h) in section 31(1) of No. 12 of 2011. 77. The Kenya Citizenship and Immigration Act is amended in section 31(1) by inserting the following new paragraph immediately after paragraph (g) — (h) subject to the Constitution, any other circumstances which in the opinion of the Director would be prejudicial to the interest of the State or holder of the passport. The Security Laws (Amendment) Act, 2014 Insertion of new paragraph (w) in section 33(1) of No. 12 of 2011. 78. The Kenya Citizenship and Immigration Act is amended in section 33 in subsection (1) by inserting the following new paragraph immediately after paragraph (v)— (w) a person who has been repatriated and or removed from Kenya under any lawful order. Insertion of new paragraphs (f) (g) (h) (i)(j) in section 39 of No. 12 of 2011. 79. The Kenya Citizenship and Immigration Act is amended in section 39 by inserting the following new paragraphs immediately after paragraph (e) — (f) the person has violated provisions of this Act; (g) the person acquired the permanent residence status by fraud, false representation or concealment of any material fact; (h) the person has during any war in which Kenya was engaged unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was knowingly carried on in such a manner as to assist an enemy in that war; (i) the person has within five years after acquiring permanent residence status been convicted of an offence and sentenced to imprisonment for a term of three years or longer; and (j) if the person domiciled outside the country continuously for a period of two years unless they were previously citizens by birth. Amendment of section 40(1) of No. 12 of 2011. 80. The Kenya Citizenship and Immigration Act is amended in section 40 by— (a) deleting subsection (1) and substituting therefor the following new subsection— ―Committee‖ means the permits determination committee appointed by the Cabinet Secretary‖ (b) in subsection (3) by inserting the words The Security Laws (Amendment) Act, 2014 321 6 ―before entry into Kenya immediately after the words ―prescribed manner‖ appearing in paragraph (a). Insertion of new paragraphs (d) (e)(f) (g) (h) (i) (j) in section 41(1) of No. 12 of 2011. 81. The Kenya Citizenship and Immigration Act is amended in section 41 in subsection (1) by inserting the following new paragraphs immediately after paragraph (c)— (d) has violated any of the terms of his or her stay under the permit; (e) has violated any of the provisions of this Act or Regulations made under it; (f) has been declared a prohibited immigrant or inadmissible person; (g) has become an undesirable immigrant; (h)acquired the permit by fraud, false representation or concealment of any material fact; (i) has during any war in which Kenya was engaged unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was knowingly carried on in such a manner as to assist an enemy in that war; and (j) the person has after acquiring the permit been convicted of an offence and sentenced to imprisonment for a term of three years or longer Amendment of section 47 of No. 12 of 2011. 82. The Kenya Citizenship and Immigration Act is amended in section 47— (a) by inserting the words ―and shall make weekly returns to the Director‖ at the end of subsection (2); (b) by inserting the following new The Security Laws (Amendment) Act, 2014 subsection immediately after subsection (2) — (2A) Notwithstanding the provisions of subsection (2), the Director may at any time request for submission of the records of all customers who are foreign nationals. Insertion of new paragraph (m) in section 54 of No. 12 of 2011. 83. The Kenya Citizenship and Immigration Act is amended in section 54 in subsection (1) by inserting the following new paragraph immediately after paragraph l— (m) uses as a passport, entry permit, pass, written authority, consent or approval issued to him, an entry permit, pass, written authority, consent or approval issued to another person. Amendment of section 56(2) of No. 12 of 2011. 84. The Kenya Citizenship and Immigration Act is amended in section 56 by deleting subsection (2) and substituting therefor the following new subsection— (2) A foreign national residing in Kenya for a continuous period exceeding three months shall be required to register with an immigration officer and notify change of address, travelling or otherwise in such manner as may be prescribed. Amendment of section 10 of No. 11A of 2011. 85. Section 10 of the National Police Service Act is amended by inserting the following new paragraph immediately after paragraph (n)— (na) designate from among the county commanders in each county the most Senior Officer from either the Kenya Police Service or the Administration Police Service, who shall coordinate in consultation with the two Deputy Inspector-Generals, the operational command and control of the county, and the officer so designated shall, with respect to coordination, execute operational command The Security Laws (Amendment) Act, 2014 321 8 and control in a manner that respects the command structure set out in Article 245(3) of the Constitution. Amendment of section 12 of No. 11A of 2011. 86. Section 12 of the National Police Service Act is amended by— (a) deleting subsection (2) and substituting therefor the following subsection— (2) The President shall, within fourteen days after a vacancy occurs in the office of the Inspector-General, nominate a person for appointment as an Inspector-General and submit the name of the nominee to Parliament. (b) deleting subsections (3), (4), (5), and (6). Amendment of section 15 of No. 11A of 2011. 87. Section 15 of the National Police Service Act is amended by deleting subsections (2), (3), (4), (5), (6), (7) and (8). Amendment of section 18 of No. 11A of 2011 88. The National Police Service Act is amended in section 18 by inserting the words “but may be removed before expiry of his term subject to the provisions of Article 245(7) of the Constitution” immediately after the words “four years”. Amendment of section 17 of No. 11A of 2011. 89. Section 17 of the National Police Act is amended by deleting subsections (2), (3), (4), (5) and (6). Amendment of section 29 of No. 11A of 2011. 90. Section 29 of the National Police Service Act is amended by deleting subsections (2) and (3). Amendment of section 94 of No. 11A of 2011. 91. Section 94 of the National Police Service Act is amended by— (a) in subsection (1) deleting the expression ―twenty one‖ and substituting therefor ―ten‖; and (b) in subsection (3) by deleting the words ―or to a fine not exceeding one hundred thousand The Security Laws (Amendment) Act, 2014 shillings‖ Amendment of section 87 of No. 11A of 2011. 92. Section 87 of the National Police Service Act is amended by inserting the following subsection immediately after subsection (2)— (2A) Without prejudice to subsection (2), the unit may where necessary investigate and recommend appropriate action in respect of any Found engaging in any unlawful conduct. Amendment of section 88 of No. 11A of 2011. 93. Section 88 of the National Police Service Act is amended by inserting the following new subsection immediately after subsection (3)— ―(3A). A police officer convicted of an offence under subsection (3) shall be liable to imprisonment for a term not less than ten years and not more than twenty years‖. Insertion of a new section 76A of No. 11A of 2011. 94. The National Police Service Act is amended by inserting the following section immediately after section 76— Database on retired and other officers 76A. The Commission shall keep, maintain and update a database of all officers who retire, desert, are dismissed or otherwise leave the Service. Insertion of a new section 95A of No. 11A of 2011. 95. The National Police Service Act is amended by inserting the following section immediately after section 95— National Police Service Disciplinary Board 95A. (1) There is established the National Police Service Disciplinary Board which shall consist of— (a) a person qualified to be The Security Laws (Amendment) Act, 2014 322 0 appointed as a judge who shall be the presiding officer appointed by the Commission; (b) five other members appointed by Commission as follows— (i) two members representing the Kenya Police Service; (ii) two members representing the Administration Police Service; (iii) one member representing the Directorate of Criminal investigations (2) The Board shall— (a) inquire into matters related to discipline for officers of the rank of or above assistant superintendent brought to its attention by an officer of the Service, (b) undertake disciplinary proceedings in accordance with the regulations issued by the Commission; (c) determine and make recommendations to the Commission, including recommendation for summary dismissal, based on its findings. The Security Laws (Amendment) Act, 2014 (3) In conducting an inquiry under subsection (2) (a), the Board may engage the services of any person or institution with expert knowledge in the matter to which the inquiry relates. (4) The Commission may establish such other subordinate Boards to be constituted as and when necessary at the respective Service commands at county, formation, unit and station levels which shall undertake disciplinary proceedings in accordance Service Standing Orders. (5) A subordinate Board shall inquire into matters related to discipline for officers of the rank of or below chief inspector brought to its attention by an officer of the Service. Amendment of section 6 of No.18 of 2013. 96. Section 6 of the Public Benefits Organizations Act is amended by inserting the following new subsections immediately after subsection (4)— (4A) A public benefit organization registered under subsection (1) shall be classified by the Authority in the prescribed manner. (4B) The Authority upon consultation with the Cabinet Secretary, may from time to time review the classification of public benefit organizations. (4C) The Cabinet Secretary shall, upon consultation with the Authority, make regulations to provide for the manner, conduct and criteria for classification of public benefit organizations. Amendment to section 2 of No. 21 of 2013. 97. Section 2 of the Civil Aviation Act, is amended in section 2 by inserting the following new definition in its proper alphabetical sequence— ―unmanned aerodrome‖ means any The Security Laws (Amendment) Act, 2014 322 2 aerodrome where air traffic services are not provided. Insertion of a new section 61A in No.21of 2013. 98. The Civil Aviation Act is amended in section 61 by inserting the following new section immediately after section 61— Prohibition from flying without prior approval. 61A. (1) Where an aircraft is flown from any unmanned aerodrome or point within Kenya to another unmanned aerodrome or point within Kenya, the Pilot-In-Command of such aircraft and the operator of such aerodrome shall be required to provide such information as the Cabinet secretary may prescribe from time to time. (2) The information under subsection (1) shall include details of the flight and the nature of the operations.
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