THE SECURITY LAWS (AMENDMENT) ACT, 2014December 19, 2014/inNews,Press,Transformational Leadership/byPSCUTHE 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 ―CommissionerThe Security Laws (Amendment) Act, 2014316 0of 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 ―tenthousand‖.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 theterm ―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 Actis 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 Actis amended in subsection (1) by deleting the expression ―47 of the Police Act‖ and substituting thereforthe expression ―106The Security Laws (Amendment) Act, 2014of the National Police Service Act‖.Amendment of section 17 of Cap. 56.9. Section 17 of the Public Order Actis 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 generalpublic 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 DefenceForces commits an offence and is liable, upon conviction, to a fine notexceeding 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 mediaThe Security Laws (Amendment) Act, 2014316 2under 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, 2014Insulting 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 hasreasonable grounds to believe that the detention of a person arrested beyond the twenty-four hour periodis 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 thesuspect 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, 2014316 4(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 shallconsider 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 anThe Security Laws (Amendment) Act, 2014offence, 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 thecourt 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; orThe Security Laws (Amendment) Act, 2014316 6(c) having regard to the circumst
Posted on: Sat, 20 Dec 2014 10:33:38 +0000