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SPECIAL ISSUE
Kenya Gazette Supplement No. 163 (National Assembly Bills No.39)
REPUBLIC OF KENYA
CONTENT
the National
AssemblyPace
Bill,2014
.......3159
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N{ROBI
3159
as
follows-
Short title.
Laws
(Amendment) Act,2014.
Amendmentorsection
2of
Cap.56.
Amendment of section
3
of Cap.56.
2.
3.
"one
or
thousand shillings
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)
deleting the
expression "Attorney-General" and
substituting therefor the expression
"Director of Public Prosecutions".
Insertion
section in
ornew
cap' 56'
4.
3160
Amendment of section
6
of Cap.56.
5.
Bill,20l4
(a)
subsections
(1)-
A person convicted of an
offence under subsection (lA) shall,
in addition to any other penalty, be
held liable for any damage or loss
suffered as a result of such public
rally, meeting or procession.
(1B)
(b)
in
subsection
expression
authority".
Amendment of section
7
of Cap.56.
6.
(2) by
"or as a
deleting the
servant
of a local
(a)
(b)
in
of Cap.56.
7.
by-
(i) deleting
words
the
"Commissioner of Police or
Provincial Commissioner"
and
3l6l
Bill,20l4
(ii)
(c)
Amendment of
9
section
of Cap.56.
in
in
(a)
(b)
in subsections (3) by
of
Police" and
substituting therefor the term " Cabinet
"Commissioner
Secretary";
(c)
in
Amendment of
Amendment of section
l3 ofCap.56.
3162
Amendment of section
17
ofCap.56.
Amendment of section
19
of Cap.56.
Amendment of section
21
of Cap.56.
Insertion of new
section 66A in Cap.
63.
Bill,2014
publishes
63.
128A.
A public officer
who
her
commission
of
felony;
The Security
3163
on conviction, to imprisonment
for a term of not less than ten
years.
Inscrtion of new
section 251A in Cap.
63.
Insulting modesty by
privacv or
pefson
WhO
36-
Remand by court.
the
of
3164
The Security
(3) In making an
application under subsection (1),
the police officer shall specify
(a)
the nature of
offence
the
for
which
the suspect has been
arrested;
the evidence on
which the
suspect
(c)
the inquiries
that
the
reasons
necessitating the
continued holding of
the suspect in
custody,
an
affidavit.
(4) In
determining
an
any
have in relation to
application and
the
may-
I
I
Bill,2014
3165
the
subject to
(b) release
suspect
such
(i)
on release,
commit an
offence,
interfere with
witnesses or the
investigations
in relation to
which
suspect
the
has
been arrested;
conduct
the
of
investigations
and
the
preparation of
any report to
be submitted to
the
court
dealing with the
matter
respect
which
suspect
in
of
the
stands
accused; and
(iii)
appears at such
a time and
place as the
court may
specify for
the
3166
purpose
of
conducting
preliminary
proceedings or
assisting
police
their
the
with
inquiries;
or
(a)
there are
compelling
an offence while
on
release;
Bill,20l4
3167
commission of
an
purpose of
ensuring
the
the
of a suspect under
subsection (s)(bxii) or (iii),
attendance
(a)
to
3168
Bill,2014
under
it is necessary
together
remanded
in
custody,
exceed
ninety days.
Insertion of a new
section 42A of Cap
'75.
42-
Disclosure by prosecution
reasonable access
evidence.
facilitate
commission
offences;
(b)
of
the
other
if the evidence is
to disclose;
(c)
3169
retracting
original
his
statement,
on the
of an
where
there are good
reasons for fearing
(b) touches
identity
informant
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
3170
someone not
custody that
in
the
person was a suspect;
(e)
disclose some
unusual form of
surveillance or
method
of
detecting
crime; and
118-
for
be made ex-parte to
118A.
An
application
shall
to
if
75.
Bill,2014
3t7L
(a)
(1)-
subsection
(1A)
(b)
inserting
(3)-
POLICE SUPER.VISION
supervision.
343.(l) When a
having been convicted
person,
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
passrng
imprisonment
sentence
on that
of
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
date of his release from prison.
3172
Bill,2014
this
supervision.
whilst subject to
police
supervision under section 343
and at large in Kenya, comply
with all br any of the following
requirernents, and may vary any
such directions at any
time-
limits of
specified area;
residence to
another area
without the written
, consent of
the
police officer in
.charge
of that area;
the
written
consent of the
police officer in
charge of that
area;
in charge
of the area in
officer
which he
resides
The Security
3173
notified of
the
house or place in
which he resides
and provide his
telephone
and
other contacts;
whenever
called
Secretary
reside within
the
as
3t74
the Commissioner of
Prisons shall, in each
case, sPecify in
writingi
(b)
not transfer
his
to another
atea without the
residence
charge of
the
sPecified area;
which he
resides
which he
resides
(e)
present
himself,
whenever called uPon
by the police officer
in charge of the area
in which he resides,
at any Place in that
area specified bY that
officer.
Failure to comply with
requirements under scction 344.
comply with a.
requirement
The Security
3r75
defect in
substance or in form in an order
or warrant, and no omission or
error as to the time and place,
and no defect in form in an order
or warrant given under this
Code, shall be held to render
void or unlawful an act done or
intended to be done by virtue of
that order or warrant, provided
that it is therein mentioned, or
may be inferred there from, that
it is founded on a conviction or
judgment, and there is a valid
conviction or judgment to
sustain
Amendment of Section
348A of Cap. 75.
it.
3t76
Bill,2014
against
348A. (1) When an
acquittal, order of refirsal or
aCCUSed pefsOn haS been
orderofdismissal. acquitted on a trial held by a
Right of appeal
the Director of
Public
to the
25. Section
Bill,2014
3r77
of Public Prosecutions
has
2of Cap.76.
authenticity
Amendment of section
8
of Cap.107.
is
establish
identification committees or appoint persons as
3178
Bill,2014
identification agents
to assist in
the
by
18-
this Act
if
the card
was
obtained through-
(a)
misrepresentation of
material facts;
(b)
concealment
facts;
of
material
(c) fraudulently;
(d) forgery;
(e) multiple regisffation; or
(f) any other justifiable
cause.
Bill,2014
3179
whose
registration has been cancelled and
identity card revoked or whose
citizenship has been otherwise
revoked under an existing law shall
be under obligation to surrender the
identity card to the registrar.
of
the
(2) A copy of
the
statement, together with a copy
of any document referred to in
the statement as an exhibit, or
with such information as may be
necessary in order to enable the
party on whom it is served to
inspect such document or a copy
thereof, shall, before the date on
which the document is to be
3180
Bill,2014
under subsection
statement in question be
tendered in evidence, the
to the provisions of
by a written
notification in
which the accused person is
before
the
The Security
cornmencement of
318r
the
of its
own motion, and
shall, upon the
application of any
party to
the
proceedings in
evidence to
be
3182
The Security
or
object referred to as an exhibit
and identified in a written
statement tendered in evidence
if
sworn,
would have amounted to the
offence of perjury, shall be
deemed to have committed the
offence of perjury and shall,
upon conviction, be liable to the
punishment prescribed therefor.
33.
Insertion of section
33(l) in Cap.80.
Amendment !o section
25A of Cap. 80.
Insertion of section
59A in Cap. 80.
35.
59-
Bill,2014
183
charge against
an accused
the
the
advocate personally
at
least
before the
fourteen days
commencement of the criminal
proceedings
3184
Bill,2014
shorter period
as may be
If,
(4)
(l), any
as
in
of
20 I
evidence
to be
adduced
contemPlated
regarding any fact
in subsection (4).
Insertion of section
63A in Cap. 80.
36.
vidco
63A. (1) A COUrt may
conferencing'
receive oral evidence through
Tcleconfercncing and
teleconferencing
and
video
conferencing.
legal
ground that
original form.
it is not in
its
3186
Bill,2014
to-
regzud
was
generated, stored or
communicated;
integrity of
the
evidence
was
maintained;
evidence
was
identified; and
(d)
of
des of a
The Security
3187
Insertion of new
scction 70A in Cap
90.
of-
reasons
for
detention;
(f) number of
detained; and
times
The Security
3188
(g)
such
Particulars os lrr,
be prescribed b1
Cabinet
the
SecretarY in
Regulations.
in
justice system.
Amendment of scction
2 of Cap. I 14.
2-
Fireanmg
new paragraph in
"firearm"
of
20 I
3. (1)
There
established
the
is herebY
Firearms
Licensing Board.
the
Kenya
Defence
Forces;
t;
Directorate
Investigation;
(a)
to-
certify
applicants
suitability
of
and
3190
Bill,2014
periodically assess
proficiency of frearms
holders;
holders, dealers
and
manufactures of frearms
under this Act;
control all
shooting
ranges that are registered
under this Act;
monitor
record
centralized
management
such
functions as
(f) perforrn
Amcn&ncnt of sectiotr
4ofCap. l14.
other
the
may
Secretary
Cabinet
prescribe from time to
time.
42.The Firearms Act is amended in section 4
manufacture,
assemble, purchase, acquire or have in his
possession an armoured vehicle unless he
holds a certificate of approval issued
under this Act.
The Securitv
3t9l
Act is
amended in
following new
subparagraph
5(lXcXvi)-
the
Police
Service; and
Amendmentofsection
'
7 of Cap.'243.
2%.
2l-
Record of tenant.
2lL. (l)
Every landlord of
premises shall keep or cause to
be kept records of every tenant
who rents the premises.
3192
"
sI^
the name
sll
address;
telephone
numbr,
(4) Any
landlord
who
Bill,2014
3193
aerodrome as may be
necessary to ensure
safe, secure and efficient
civil aviation;
(b)
provide zoning
land
adjacent to aerodromes
for security purposes by
creating two hundred and
fifty metres controlled
zone from the runway
centerline and not less
the
airport's outer perimeter
fence.
Establishment of Inter-Agency
Security Advisory Committee.
l7E. There is
hereby
Committee shall be to
(a)
the
advise
and
coordinate security
activities
between
ministries,
departments
agencies
in
and
the
airports; and
(b)
recommend
review
and
the
effectiveness of
security measures
and
procedures
within airports.
3194
Bill,2014
(a)
the
Ministry
responsible for
National Security;
(b) the
National
Intelligence Service;
(c) the Directorate of
Criminal
Investigations;
-t
I
I
i
I
(f1
the
Immigration
Service;
0)
the
Ministry
responsible for air
transport; and
(k)
Bill,2014
195
in
proceedings,
person
and that
its
place
specified by the Chairperson,
and in any case, shall meet at
least once in every three
months.
necessary,
National Security
Committee.
i.
Advisory
meetings.
5orcap.zto3.
3196
T'he Security
database
(z)by-
Bill,2014
3197
of
subsection
Regulations
make
of 2O12.
54-
Establishment
ministerial
of an inter-
committee. an inter-ministerial
the
ministerial committee.
3198
Bill,20l4
and operations
of employment
by
54C. Every employment
Inter-Ministerial bufeau of agency shall be
required to seek and obtain
committee.
government approval prior to
sending Kenyan Citizens for
Requirement for approval
the
Amendmenttosection
26orNo'33or2ot2'
(a)
not-
(b)
Authority.
Amendment of section
I
I of No.
13
of 2fi)6.
Amendment of section
l2 ofNo.13 of2006.
(2)-
(3) Every
(c)
Insenion of new
section l6D in No.
of 2006.
l3
Bill,2014
3199
of refugees
and asylum seekers in Kenya.
Permitted number
(2)
The
National
Assembly may vary the number
of refugees or asylum seekers
permitted to be in Kenya.
National
Assembly varies the number of
refugees or asylum seekers in
Kenya, such a variation shall be
applicable for a period not
exceeding six months only.
(4)
Amendment of section
2
ofNo.28 of20l2.
The
National
Assembly may review the period
of variation for a further six
months.
59. The National Intelligence Service Act, is
amended in section Zby-
making"
immediately after the word "government's" in
the definition of the word "intelligence";
means assessment of
threats
and
3200
The Security
personalities.
Amendment of section
4 of No. 28 of 2O12.
Amendment of section
5 of No. 28 of 2O12.
(a)
"to provide a
(b)
(c)
members
performing
by this
in a
serious offence;
of engaging in
any act or. thing or being
in possession of anything
(c) suspects
3201
l0 of
63.
is
1lC.
Amendment of section
I lC of No.28 of 2O12.
Amendment of section
36 of No . 28 of 2Ol2 .
(a)
(b)
Repeal
of Part V of
section 42 of No,28
2012.
of
undertake
is
national
security or to perform any of its
functions, the Director-General
may, subject to guidelines
approved by the Council, issue
written authorization to an
officer of the Service to
(3)
The
written
3202
Bill,2014
subsection
(2)-
(a)shall be
sufficient
authorization to conduct
the operation;
investigations required
to be undertaken;
(c)may authorize
member
to
any
of the Service
obtain
any
information, material,
record, document or
that
purpose-
(i)
(ii)
examine, take
extracts from,
make copies of
or record
in
(iii)
(iv)
monitor
communication;
install,
maintain
remove
anything; or
or
The Security
3203
(v) do
anything
considered
necessary to
preserve
national
security; and
(d) shall
be specific and
67.
by
(dd)
Amendment of section
74 of No. 28 of 2012.
Service
Act is amended by deleting the word "Parliament" and
substituting therefor the words "National Assembly".
70.
3204
Bill,2014
Insertion of section 9A
in No. 30 of 2012.
9-
9A. A person,
Facilitation of
terrorist acts.
who
te[orist
of terrorism commits an
offence and is liable, on
conviction, to imprisonment
Bill,2014
3205
(2)Without prejudice to
subsection (1), unlawful
possession of improvised
explosive devices, assault
Secretary
shall, on recommendation of
the National Security Council,
by notice in the Gazette,
publish a list of components of
improvised explosive devices
for purposes of subsection (l).
of
of
3206
Bill,2014
if
of
Radicalisation.
system
facilitating
ideologically
Act is
amended
by
(3)-
(3A)
of
Terrorism Act is
amended by inserting the following new sections
30-
indirectly encouraging
or
inducing another person to
3207
For purposes of
(1), a statement
is likely to be understood
as directly or indirectly
(2)
subsection
encouraging
or inducing
terrorisnr
if-
30B. (1)
knowingly-
(a)
person who
attends training or
receives
3208
The Security
instructions
at
any
place, whether in
Kenya or outside
Kenya;or
(2) For
purposes of
subsection (1), it is
irrelevant whether(a)
(b)
the instruction is
provided for
particular acts of
terrorism.
Presumption of travelling to a
country for purposes of being
trained as a terrorist.
30C.
(l) A person
who travels to
country designated by
the Cabinet Secretary
to be a terrorist training
without
country
passing through
designated immigration
entry or exit points
shall be presumed to
have travelled to that
country to receive
training in terrorism.
20 I
(2)
Despite
subsection (1), a Person
who ordinarily resides
in Kenya within an area
bordering a designated
country is exempt from
the provisions of
subsection (1).
(3) For
the
Dumoses of this
iecfion, the Cabinet
Secretary may, through
regulations, designate
anv countrv
' to be a
teriorist
training
counffy.
Forcign rcnorist fightcrr'
30D.
Person
for
imprisonment
term not
exceeding
thirty years.
Aiding rnd rbctting.
308. A
who aids or
person
abets the
commission
of
an
shall
be liable
on
conviction to a term of
imprisonment
term not
twenty years.
for
exceeding
32lO
The Security
30F. (l)
AnY
to
imprisonment
term not
for
of
a
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
imprisonment
for
subsection
(2)
any
Bill,2014
3211
information of
T6.Section
32 of the
Prevention
of
O) bV deleting,subsection (3);
(c) in subsection (5), by deleting the opening
statement and substituting therefor the
words "[n making an order for remand in
custody under subsection (4Xc), the Court
shall have due regard to the following
factors -";
(d) 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.
3212
Interccpion of
coormunicarion
36A.
The National
organe.
Amen&nont of sccliolr
38 of No.30 of 2012.
is
Amon&ncnt of scctioo
39 of No.30 of 2012.
Inrortioa-
of
rcction
39A in No.30 of2O12.
39-
Evidcncc.
ArncndDrnt of mction
4l of No, 3/Jol20l2.
i
l
the National
SecuritY
Council;
(c)
the
Defence
Kenya
Forces;
Police
(d) the National
Service; and
for the
be
management
the
and implementation of
3214
The Securiry
shall-
(a) establish
assist
law
database to
enforcement
agencies;
on prevention
of
terrorism;
provide security
certification for
aviation schools.
Reoponsibility of the public and
government bodies.
may
or
any
information relating to terrorism.
of
ncw
section 5A in No. 12 of
20tt.
Establishment of
Committee.
Bill,2014
3215
the
General
Revenue Authority;
(d)
the Director
of
Immigration;
(e)the
Inspector-General
Police
Service;
of the National
of
(0 the Director
Kenya
the
Airports
Authority;
(g) the Managing Director
of the
Kenya Ports
Authority;
(h) the Director-General of
the Kenya Maritime
Authority;
the
National
Intelligence Service;
() the Director of
the
Kenya Plant
Health
Inspectorate Service;
and
3216
The Security
ltws
(Atnendwent) Bill,2Ol4
for
the
tllanAgement
conEol
of
and
designated
(b)
the
co-ordinate
exchange
of
information
the
berween
resPective
agencies responsible
the security and
for
management
of
the
borders at
thP
and
efficient
operations
at
nihrtagement
designated entry
exit points;
(d)
of
the
and
exercise oversight
authority over the
the
operations of
respective agencies at
the designated entry
and exit points; and
Act or any
written law.
other
32t7
Sub-committees
Committee.
of
the
of
public officers
of
Council.
(a) a
report on its
and
activities
during
operations
that year; and
(a)
Such
other
the
Committee may
require.
information
as
Amendmcnt of
insertion
of a
paragraph
new
(h) in
32r8
section 31(1)
ofNo.
12
Bill,2014
of20l1.
paragraph (w)
new
of
201
in
l2
l.
(v)-
(a) deleting
"Committee" means
3219
the
permits
determination committee appointed by the
Cabinet Secretary"
(b) in
Insertlon of
l.
(c)-
(0
3220
Bill,2014
(b) by
(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.
'
ertion of new
,raph (m) in
'54 ofNo,
12
of
l-
of section
lA of 201 l.
3221
,,
ro,*52J
Ttil:
.ffi"
the office
:".*T
"ilfl
of"#the Inspector-General,
Amendment of scction
l7 of No. I 1A of 201 l.
Amendment
of sectlon
Amcndment of section
29of No. llAof 2011.
Amendment
94of No.
of section
llAof
2011.
Act is amended
(a)
by-
ofNo.
of section
llA of20ll.
(2)-
3222
of section
lA of 201 1.
Amendment
88 of No. I
a
of
new
No.
76-
Database
retired
after
on
and other
officers
keep,
maintain and update a database of all
or
are
Service.
Insertion of
section 95A
ltA
of2011.
a
of
new
No.
95-
95A.
(b)
five
other
appointed
as
by
members
Commission
follows-
(i)
two
members
representing the
Kenya
Service;
Police
Bill,2014
(ii)
two
memhrs
representing
the
Administration
Police Service;
(iii) one
member
representing the
Directorate of
Criminal
investigations
(2) The Board
(a)
shall-
inquire
into
matters
above
assistant
superintendent brought
to its attention by an
officer of the Service,
(b) undertake
disciplinary
proceedings
and make
recommendations to the
Commission, including
(c) determine
recommendation for
summary
dismissal,
3224
Bill,2014
'
shall
undertake disciplinary Proceedings in
accordance Service Sunding Orders'
tn*
Amendment of Section
zlo of No.llA of 2011.
(4)-
require
(a)
name;
(b)
(c) sex;
(d) telephone number;
(e)
to
such
6 of
is
(4)-
Bill,2014
for the
aerodrome where
provided.
Insertion of a new
section 61.4 in No.2lof
2013.
after section
is
3226
Bill,2014
At present, the Act makes references to offices and institutions that have
been made obsolete in the reorganization of the Government of Kenya
undertaken since the promulgation of the Constitution of Kenya on August
27'h 20LO. This Bill seeks to amend the Act to make specific reference to
Governors, members of county assemblies, counties, the Cabinet Secretary
for Interior and Co-ordination of National Government, the Director of
Public Prosecutions, the Inspector-General of Police, and the National
Police Service. The Bill also seeks to enhance the penalties for offences
committed under the Act.
The Bill seeks to amend the Act to make provision for the offence of a
public officer aiding or facilitating the commission of a felony, the offence
of a public officer facilitating the entry of a criminal into Kenya, and the
offence of a public officer concealing the whereabouts of a criminal and
prescribes the punishment for these offences. The Bill also seeks to make
it a felony for any person to intentionally insult the modesty of any person
and prescribes a punishment for the same.
The Extradition (Contiguous and Foreign Countries) Act (Cap.76)
Bill
The
seeks
Bill,2014
3227
The
The Bill seeks to amend the Act by inserting new provisions in relation to
the establishment of identification committees or identification agents, the
cancellation or revocation of identity cards, and the enhancement of
certain penalties under the Act.
The Bill seeks to amend the Act to provide for the admissibility of
electronic and digital evidence, the proving of written statements, the
proving of certain facts, and the receiving of oral testimony by
teleconferencing or video conferencing.
,.'
3228
The Security
The Bill seeks to amend the Act by making provisions regarding the
membership of the Radiation Protection Board, and the regulation of
nuclear and radioactive material.
Bill seeks to amend the Act to make provision for the maintenance
The Bill seeks to amend the Act to make provision for prohibitions or
resffictions and the zoning of land around aerodromes, and the
establishment of an Inter-Agency Security Advisory Committee, its
membership, its mandate and connected matters.
Bill,20l4
3229
The
3230
ASMAN KAMAMA,
Chairman,
Administration and National Securiry.
Bill,
20 I
3231
3.
3232
The Security
organised and
equipped either for the purpose of enabling them
to be employed for the use or displayof physical
training
I
1
it
is proposed to
amend-
Bill,20l4
3233
it
is proposed to
amend-
3234
Bill,2014
The Security
3235
and
in
respect of
to amend-
loss, damage
3236
Section 19 of Cap 56 which it is proposed to amend19. A11 offences under this Act shall be cognisable to the
police; and, where it is provided in this Act that a
prosecution for an offence thereunder shall not be
instituted without the consent of the Attorney-General, a
person may be arrested for and charged with such an
offence, and may be remanded in custody or on bail,
notwithstanding that the consent of the Attorney-General
to the institution of a prosecution for the offence has not
been obtained, but no further or other proceedings shall
be taken until such consent has been obtained:
(a)
and-
Bill,2014
3237
3238
s.
(Amendment) Bill, 20 I 4
particular when
it
consists
of an entry or
Bill,2014
3239
(h) made by
feelings
who-
3240
Bill,2014
its
component parts; or
(f)
(i)
the
(ii)
Bill,2014
3241
(iii)
document
so closely
resembling
an
(2)It
it may specifY.
it
is proposed to
amend-
Bill,2014
of No.6 of 20M which it is proposed to amend30. (1) The Minister may make regulations generally for
the better carrying out of the provisions of this Act.
(2) Without limiting the generality of subsection (l),
the Minister may make regulations amending the Second
Schedule.
Section 4
of
No.
3j
to-
the
(d)
Section 26
of
No.
j3
3244
it
Bill,2014
is proposed to
amend-
l1 of No. 13 of 2012 which it is proposed to amend11. (l) Any person who has entered Kenya,
whether