Prevention of Terrorism Act

This Act may be cited as the Prevention of Terrorism Act.

Section 2 provides definitions of terms used in the Act, including definitions for 'aircraft', 'Cabinet Secretary', 'financial institution', 'terrorist act', 'funds', 'property', and others.

Sets procedures for declaring an entity a specified entity, including Inspector-General recommendations, Cabinet Secretary declaration by Gazette order, notice and review processes, application for revocation, High Court review, and annual review by the Cabinet Secretary.

Harbouring of persons committing terrorist acts.

Provision of weapons to terrorist groups

A member of a terrorist group who directs or instructs someone to commit a terrorist act commits an offence and is liable on conviction to imprisonment for life.

Possessing a weapon, an improvised explosive device or its components for terrorist purposes is an offence punishable by at least twenty-five years' imprisonment; the Cabinet Secretary must publish a list of IED components on the National Security Council's recommendation by notice in the Gazette.

It is an offence for a person to be in unlawful possession of a weapon, an improvised explosive device or components of an improvised explosive device in any premises, institution or a public place; on conviction the person is liable to imprisonment for a term not exceeding thirty years.

A person in charge of premises where illegal weapons are found is treated as possessing them and can face up to thirty years' imprisonment; it is a defence if that person proves lack of control over the weapons' entry or that they took appropriate steps to prevent entry.

Criminal offence: a person who adopts or promotes an extreme belief system to facilitate ideologically based violence for political, religious or social change commits an offence.

Section 13: Recruitment of members of a terrorist group

Receiving training or instruction described in subsection (1) for the purpose of engaging in or preparing to engage in a terrorist act is an offence punishable by up to twenty years' imprisonment.

A person who performs any act to obstruct or hinder the cause of justice commits an offence punishable by up to twenty years' imprisonment.

It is an offence for a person to willfully obstruct a public officer (or someone lawfully acting under that officer's direction) in performing duties; on conviction they can be imprisoned for up to twenty years.

A person who retaliates against someone (or their family) for giving information or evidence under this Act commits an offence and faces up to twenty years' imprisonment on conviction.

States: "to abstain from doing anything that the person has a lawful right to do under this Act; or"

Disclosure to another person of anything likely to prejudice the investigation is described.

A person who, intending to mislead an officer, makes a statement they know to be false commits an offence and is liable to imprisonment for a term not exceeding twenty years.

Section states: acts carried out for the commission of a terrorist act in foreign states and that a person "knowingly promotes or facilitates the commission of an act;"

A person who is the owner, occupier, lessee or in charge of any building, premises or place may authorize a meeting of persons to be held there.

Conspiring to carry out a terrorist act in the circumstances described is an offence; conviction may lead to up to twenty years imprisonment.

Being a member of, claiming to be a member of, associating with, or professing to associate with a terrorist group is an offence punishable by up to thirty years' imprisonment on conviction.

Section 25. Arrangement of meetings in support of terrorist groups

Knowingly issuing false information that a terrorist act has occurred or is likely to occur is an offence punishable by up to twenty years' imprisonment.

A person who publishes, distributes or otherwise avails information intending to directly or indirectly incite others to carry out a terrorist act commits an offence and may be imprisoned for up to thirty years on conviction.

Seizes, detains or kidnaps a person.

A person who holds, collects, generates or transmits information to be used in committing a terrorist act commits an offence punishable on conviction by up to thirty years' imprisonment.

Persons must not knowingly possess an article or information intended for instigating, preparing to commit, or committing a terrorist act; doing so is an offence.

It is an offence for a person to publish or say statements that are likely to encourage or induce another to commit or prepare an act of terrorism; conviction can lead to up to fourteen years' imprisonment.

Training or instruction for purposes of terrorism: attends training or receives instructions at any place, whether in Kenya or outside Kenya; receives instruction or training on the use or handling of weapons; the person in fact receives the training; or the instruction is provided for particular acts of terrorism.

A person who travels to a country designated as a terrorist training country without using designated immigration entry or exit points is presumed to have travelled there for terrorist training; residents living in Kenyan border areas are exempt; the Cabinet Secretary may designate such countries by regulations.

A non‑Kenyan who enters or passes through Kenya to engage in terrorist activities commits an offence and on conviction faces up to thirty years' imprisonment.

A person who aids or abets an offence under this Act commits an offence and is liable on conviction to imprisonment for up to twenty years.

Prohibits persons from broadcasting information that undermines terrorism investigations or security operations without National Police Service authorization, and from publishing/broadcasting photographs of terrorist victims without consent; allows publication of general factual information.

Prohibits making funds available, directly or indirectly, to designated persons or entities, entities they own or control, or persons acting on their behalf, unless licensed, authorised or otherwise notified in accordance with the relevant United Nations Security Council resolution.

Legal persons who breach specified sections commit an offence and face fines up to 30,000,000 shillings for listed sections or up to 20,000,000 shillings for other provisions, on conviction.

Carrying out a terrorist act is an offence punishable on conviction by up to thirty years' imprisonment; if the act causes another person's death the offender is liable to imprisonment for life.

It is an offence for a person, inside or outside Kenya, to directly or indirectly engage in a proliferation act; on conviction the person may be imprisoned for up to twenty years, fined up to twenty million shillings, or both.

Providing, soliciting or collecting funds intended or believed to be used to carry out a proliferation act is an offence punishable by up to twenty years' imprisonment, a fine up to twenty million shillings, or both.

Section 5 prohibits a terrorist group from collecting or providing property and services for the commission of terrorist acts.

It is an offence to finance an individual's travel to another State for terrorism-related purposes.

Possessing property, knowing or intending it will be used to commit or facilitate a terrorist act, is an offence punishable by up to twenty years' imprisonment.

Arrangements for the retention or control of terrorist property

It is an offence to deal in property owned or controlled by a terrorist group, to enter into or facilitate transactions in such property, or to provide financial or other services in respect of such property at the direction of a terrorist group; persons who prove they took all reasonable action to satisfy themselves the property was not so owned or controlled are not liable in civil actions.

It is an offence for a person to knowingly support or solicit support for a terrorist act; on conviction the person may be sentenced to up to twenty years' imprisonment.

It is an offence for a person, with intent to commit a terrorist act, to advocate, promote, advise or facilitate any act preparatory to a terrorist act; on conviction the person is liable to imprisonment for a term not exceeding twenty years.

A police officer may arrest a person if the officer has reasonable grounds to believe the person has committed or is committing an offence under this Act.

A police officer holding a suspect under subsection (1) may release the suspect before the expiry of twenty-four hours if the suspect appears before the Court or another place specified in writing, and may require a bond of a reasonable sum on the suspect’s own recognizance.

The Court must not hear an application to extend remand time under subsection (1)(b) unless the suspect has been served with a copy of that application; a police officer detaining a remanded suspect may apply to the Court to extend the remand period before it expires.

Police officers may apply ex parte to a Magistrate’s Court for an order to gather information for investigations under this Act; the Court may vary orders and must decide objections; persons specified in orders must answer and produce relevant information but can refuse on recognised privilege grounds and have the right to counsel.

Section 35 allows rights and fundamental freedoms of persons or entities to whom the Act applies to be limited for specified purposes (investigations, detection/prevention of terrorist acts, and to avoid prejudice to others), and lists investigative measures and other limits that may be applied.

A police officer (rank Chief Inspector or above) may apply to a Chief Magistrate or the High Court for an interception of communications order for evidence, but only after obtaining written consent of the Inspector-General or the Director of Public Prosecutions; unauthorised interception is an offence punishable by up to ten years imprisonment or a fine not exceeding five million shillings or both.

National Security Organs may intercept communications to detect, deter and disrupt terrorism and terrorist financing under procedures prescribed by the Cabinet Secretary; the Cabinet Secretary must make regulations to give effect to that power, and those regulations only take effect after National Assembly approval.

Gives the Inspector-General authority to apply for seizure orders and to seize property in urgent cases, requires an application within 72 hours after urgent seizure, allows the High Court to detain property for 60 days (extendable), sets conditions for detention orders, and exempts the Inspector-General from personal civil or criminal proceedings for good-faith urgent seizures.

Subordinate courts have jurisdiction to try offences under the Act when the act or omission constituting the offence is committed in Kenya.

A certificate signed by an appropriate authority that a thing or substance is a weapon is admissible in evidence without proof of the signature and, unless contradicted, is proof of the facts stated in the certificate.

The Court must give proper weight to the authenticity and accuracy of evidence and not focus on procedural technicalities.

The Court must give every party with an interest in the property an opportunity to be heard when making a forfeiture order under subsection (1).

Establishes a National Counter-Terrorism Centre as an inter-agency body; lists member agencies; members are seconded for up to three years renewable once; the Director is responsible for managing and implementing the Centre's functions.

The Centre must co-ordinate national counter-terrorism efforts to detect, deter and disrupt acts of terrorism and perform related functions including establishing a database, public awareness, strategy development, capacity building, certification coordination, and analysis of intelligence; the Director must design a de-radicalisation, disengagement and re-integration framework for returnees and at-risk individuals.

Certain persons and government bodies must obtain written approval from the Centre before engaging in activities to prevent and counter violent extremism; the Centre must consider relevant information (including from security agencies), may request information, require approved persons to report periodically, and must issue guidelines on approval criteria; members of the public must furnish the Centre with information on terrorism.

Establishes the Counter Financing of Terrorism Inter-Ministerial Committee and lists members, naming the Cabinet Secretary responsible for internal security as chair and the Director-General of the Financial Reporting Centre as Secretary; allows the Committee to co‑opt additional persons.

The Committee has functions including implementing specified UN resolutions, formulating and supervising a national counter-financing strategy, performing other functions under written law, and coordinating with relevant parties when carrying out certain obligations.

The Committee is given necessary powers to perform its functions, including issuing directives and setting its own meeting procedures.

The Committee may establish sub-committees and may co-opt persons into them; co-opted persons may attend and participate but may not vote.

The Committee must set up sector-specific law enforcement co-ordinating groups, choose their chairperson from the constituted team, and each co-ordinating group must handle day-to-day implementation of the Act for its sector.

Members of the Committee and any other person must not, without the Committee's written consent and except when acting in the course of their duties, publish or disclose documents, communications or information learned in the course of their duties; contravention is an offence.

Persons must disclose information relating to terrorist acts to prevent an attack or to secure arrest or prosecution; failure is an offence punishable by up to three years' imprisonment, and persons acting in good faith are protected from civil or criminal proceedings.

Requires financial institutions to submit to the Financial Reporting Centre information about transactions they reasonably suspect are intended to facilitate terrorist acts; provides immunity for good-faith disclosures and creates an offence for failure to comply punishable by a fine or imprisonment.

The Financial Reporting Centre, supervisory bodies and self-regulatory body must supervise and enforce preventative measures and targeted financial sanctions by reporting institutions.

Section 43 authorizes search-and-seizure warrants for police, allows restraining orders preventing disposal of property, restricts destruction of certain property unless a High Court order is obtained, and allows the Director of Public Prosecutions to seek cancellation or variation of warrants or orders.

The Court may order forfeiture of property to the State if the property falls within subsection (1).

Section 45 makes it an offence to contravene an order under subsection (1) and provides for imprisonment for a term not exceeding five years.

The Cabinet Secretary may issue an order if he reasonably believes a registered company or applicant has provided or will provide resources to a terrorist group; the Registrar must not register a proposed association while an application is pending; the Court shall confirm such an order if it is reasonable; and the Cabinet Secretary must publish confirmation in the Gazette.

Operators of aircraft or masters of vessels departing from or entering Kenya must provide information about persons on board to the Director or, if required by foreign law, to a foreign competent authority; the Director must not use or disclose that information except for national security or public safety.

The Commissioner for Refugee Affairs may refuse a person's refugee application when there are reasonable grounds to believe the applicant committed or is involved in a terrorist act, having regard to national security, public safety and the International Convention on Refugees.

Establishes the Compensation of Victims of Terrorism Fund, lists its sources of money, allows the State to deal with and sell immovable property assigned to the Fund and use the proceeds for the Fund's purposes, and permits the Cabinet Secretary to make regulations for management and administration.

The Cabinet Secretary may make regulations required or authorised by the Act and may make regulations to implement United Nations Security Council measures under Article 41; subsection (3) provides that a specified entity declared by such a regulation is deemed declared under section 3; subsection (4) sets maximum penalties (imprisonment up to ten years for natural persons; a fine not exceeding twenty million shillings for legal persons).