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Kenya Act or statute

Parliament of Kenya

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',…

Jurisdiction
Kenya
Structure
78 provisions
Citation
Cap. 59B
Dates
As at 20 Jun 2025
More statute details
Dates
As at 20 Jun 2025

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“This Act may be cited as the 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

02

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MISCELLANEOUS - 50. Power to make rules

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 su…

Section 50

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Showing 78 of 78 provisions

Offence 60Provision 15Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Prevention of Terrorism Act.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationInterpretation

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

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "aircraft" has the meaning assigned to it under the Civil Aviation Act ( Cap. 394 ) "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to internal security; “Committee" means the Counter Financing of Terrorism Inter-Ministerial Committee established under section 40D (1) of this Act; "communication" means a information received or transmitted through the postal service or through a telecommunication system within the meaning of the Kenya Information and Communications Act ( Cap. 411A ); "communications service provider" means a person who is licensed under the Kenya Information and Communications Act to provide postal or telecommunication services; "competent authority" in relation to a foreign State, means the Attorney-General or the equivalent officer of that State; "entity" means a person, group of persons, trust, partnership, fund or an unincorporated association or organization; "financial institution" means any person or entity, which conducts as a business, one or more of the following activities or operations— (a) accepting deposits and other repayable funds from the public; (b) lending, including consumer credit, mortgage credit, factoring, with or without recourse, and financing of commercial transactions; (c) financial leasing; (d) transferring of funds or value, by any means, including both formal and informal channels; (e) issuing and managing means of payment (such as credit and debit cards, cheques, travellers’ cheques, money orders and bankers’ drafts and electronic money); (f) financial guarantees and commitments; (g) trading in— (i) money market instruments including cheques, bills, certificates of deposit and derivatives; (ii) foreign exchange; (iii) exchange, interest rate and index funds; (iv) transferable securities; or (v) commodity futures trading; (h) participation in securities issues and the provision of financial services related to such issues; (i) individual and collective portfolio management; (j) safekeeping and administration of cash or liquid securities on behalf of other persons; (k) otherwise investing, administering or managing funds or money on behalf of other persons; (l) underwriting and placement of life insurance and other investment related insurance; (m) money and currency changing; "Financial Reporting Centre" means the Financial Reporting Centre established under section 21 of the Proceeds of Crime and Anti-Money Laundering Act ( Cap. 59A ); "funds" means assets of every kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets; "Inspector-General" means the Inspector-General of the National Police Service appointed under Article 245 of the Constitution; "master" in relation to a vessel, means the owner or person other than a harbour master or pilot having for the time being command or charge of the vessel; "operator", in relation to an aircraft, has the meaning assigned to it under the Civil Aviation Act ( Cap. 394 ); “proliferation acts" means manufacturing, acquiring, possessing, developing, exporting, trans-shipping, brokering, transporting, transferring, stockpiling, supplying, selling or using nuclear, ballistic, chemical, radiological or biological weapons or any other weapon capable of causing mass destruction, and their means of delivery and related materials including technology, goods, software, services or expertise in contravention of this Act or any international obligations derived from relevant United Nations Security Council Resolutions; "property" means assets of every kind, whether corporeal or incorporeal, moveable or immoveable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in such assets and includes funds; “reporting institution” has the meaning assigned to it under section 2 of the Proceeds of Crime and Anti-Money Laundering Act ( Cap. 59A ); “Sanctions Committee” means a committee of the Security Council of the United Nations established under a Resolution of the Security Council; "specified entity" means an entity in respect of which an order under section 3 has been made; "terrorist act" means an act or threat of action— (a) which— (i) involves the use of violence against a person; (ii) endangers the life of a person, other than the person committing the action; (iii) creates a serious risk to the health or safety of the public or a section of the public; (iv) results in serious damage to property; (v) involves the use of firearms or explosives; (vi) involves the release of any dangerous, hazardous, toxic or radioactive substance or microbial or other biological agent or toxin into the environment; (vii) interferes with an electronic system resulting in the disruption of the provision of communication, financial, transport or other essential services; (viii) interferes or disrupts the provision of essential or emergency services; (ix) prejudices national security or public safety; and (b) which is carried out with the aim of— (i) intimidating or causing fear amongst members of the public or a section of the public; or (ii) intimidating or compelling the Government or international organization to do, or refrain from any act; or (iii) destabilizing the religious, political, Constitutional, economic or social institutions of a country, or an international organization: Provided that an act which disrupts any services and is committed in pursuance of a protest, demonstration or stoppage of work shall be deemed not to be a terrorist act within the meaning of this definition so long as the act is not intended to result in any harm referred to in paragraph (a)(i) to (iv); “terrorism financing” includes an offence under section 5 and 5A of the Act; "terrorist group" means— (a) an entity that has as one of its activities and purposes, the committing of, or the facilitation of the commission of a terrorist act; or (b) a specified entity; "terrorist property" means— (a) proceeds from the commission of a terrorist act, money or other property which has been, is being, or is intended to be used to commit a terrorist act; (b) money or other property which has been, is being, or is intended to be used by a terrorist group; or (c) any property belonging to a specified entity; "vessel" means any thing made or adapted for the conveyance by water of people or property; "weapon" includes a firearm within the meaning assigned to it under the Firearms Act ( Cap. 114 ), explosive, chemical, biological, nuclear or other lethal device. Section 2(2) Spent. [Act No. 10 of 2023 , Sch., Act No. 6 of 2025 , Sch.]
Section 2Verify source

Part II

SPECIFIED ENTITIES

§ 3SPECIFIED ENTITIES - 3. Specified entity orderCommencement

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.

Section 3. Specified entity order Section 3(1)(a) committed or prepared to commit; Section 3(1)(a)(i) committed or prepared to commit; Section 3(1)(a)(ii) attempted to commit; or Section 3(1)(a)(iii) participated in or facilitated the commission of, Section 3(1)(b) on behalf of; Section 3(1)(b)(i) on behalf of; Section 3(1)(b)(ii) at the direction of; or Section 3(1)(b)(iii) in association with, Section 3(2) Before making a recommendation under subsection (1), the Inspector-General shall afford the affected entity reasonable opportunity to demonstrate why it should not be declared as a specified entity. Section 3(3) Upon receipt of the recommendation under subsection (1), the Cabinet Secretary may, where he is satisfied that there are reasonable grounds to support a recommendation made under subsection (1), declare, by order published in the Gazette , the entity in respect of which the recommendation has been made to be a specified entity. Section 3(4) The Cabinet Secretary shall, subject to subsection (5), inform the entity in respect of which the order is made, in writing, of his decision under subsection (3) together with reasons for arriving at that decision, within a period seven days from the date of declaring the entity a specified entity. Section 3(5) A specified entity may apply to the Inspector-General requesting for the revocation of an Order made under subsection (3) in respect of that entity. Section 3(6)(a) there are reasonable grounds for making the application, recommend to the Cabinet Secretary the revocation of the Order; or Section 3(6)(b) there are no reasonable grounds for making the application, the Inspector-General shall reject the application and shall, within sixty days of receiving the application, inform the applicant of the decision. Section 3(7) A specified entity which is aggrieved by the decision of the Inspector-General under subsection (6) may apply to the High Court for a review of that decision within a period of sixty days from the date of receipt of the decision. Section 3(8)(a) may receive and examine in chambers, all information considered by the Cabinet Secretary in arriving at his decision under subsection (3) and any other information or evidence submitted by the Inspector-General, any body, institution or agency of a foreign State or international organization which it considers relevant to the determination of the application; Section 3(8)(b) may receive in evidence, any information obtained by the Government, any institution or agency of a foreign State that it may consider necessary or relevant for the determination of the application; Section 3(8)(c) shall provide the applicant with a statement of the information available to the Court, so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the opinion of the Court, be prejudicial to national security or endanger the safety of any person; and Section 3(8)(d) shall give the applicant a reasonable opportunity to be heard. Section 3(9) The Court may, on the application of the Cabinet Secretary, consider any evidence or information adduced by him before the Court in the absence of the applicant or the counsel representing the applicant where the disclosure of that information would be prejudicial to national security or endanger the safety of any person. Section 3(10) The Court may, where it is satisfied that there are no reasonable grounds for declaring an entity as a specified entity, make an order for the revocation of the order made by the Cabinet Secretary in respect of the applicant. Section 3(11) The Cabinet Secretary shall, in consultation with the Inspector-General and within a period of twelve months from the commencement of this Act and every subsequent year, review all the orders made under subsection (3) to determine whether the grounds for declaring an entity as a specified entity apply with respect to that entity and may revoke the order or issue such orders as he considers appropriate. Section 3(12) The Cabinet Secretary may, where he has reasonable grounds to believe that a specified entity is operating wholly or partly under a name that is not specified in the order or different name from that specified in the order direct that the entity be treated as a specified entity under the Act and that the name of that entity which is not specified in that Schedule be treated as another name for the specified entity. Section 3(13) An appeal to the court by an aggrieved entity under this section shall be filed in accordance with the procedure set out in regulations made by the Chief Justice. [Act No. 19 of 2014 , s. 60, Act No. 25 of 2015 , Sch.]
Section 3Verify source

Part III

OFFENCES

§ 10OFFENCES - 10. Harbouring of persons committing terrorist acts.Offence

Harbouring of persons committing terrorist acts.

Section 10. Harbouring of persons committing terrorist acts. Section has committed or intends to commit a terrorist act; or
Section 10Verify source
§ 11OFFENCES - 11. Provision of weapons to terrorist groupsOffence

Provision of weapons to terrorist groups

Section 11. Provision of weapons to terrorist groups Section a terrorist group;
Section 11Verify source
§ 12OFFENCES - 12. Direction in the commission of a terrorist actOffence

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.

Section 12. Direction in the commission of a terrorist act Section A person who, being a member of a terrorist group, directs or instructs any person to commit a terrorist act commits an offence and is liable, on conviction, to imprisonment for life.
Section 12Verify source
§ 12AOFFENCES - 12A. Possession of weapons for terrorist purposesOffence

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.

Section 12A. Possession of weapons for terrorist purposes Section 12A(1) A person who is in possession of a weapon, an improvised explosive device or components of an improvised explosive device for purposes of terrorism commits an offence and is liable, on conviction, to imprisonment for a term of not less than twenty-five years. Section 12A(2) Without prejudice to subsection (1), unlawful possession of a weapon, an improvised explosive device or a component of an improvised explosive device shall be presumed to be for terrorist or criminal purposes. Section 12A(3) The Cabinet Secretary on the recommendation of the National Security Council, by notice in the Gazette , publish a list of components of improvised explosive devices for purposes of subsection (1). [Act No. 19 of 2014 , s. 62, Act No. 25 of 2015 , Sch.]
Section 12AVerify source
§ 12BOFFENCES - 12B. Possession of weapons in places of worship institution or public placesOffence

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.

Section 12B. Possession of weapons in places of worship institution or public places Section A person who, in any premises, institution or a public place, is in unlawful possession of a weapon, an improvised explosive device or components of an improvised explosive device, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years. [Act No. 19 of 2014 , s. 62.]
Section 12BVerify source
§ 12COFFENCES - 12C. Failure to prevent entry of weaponsOffence

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.

Section 12C. Failure to prevent entry of weapons Section 12C(1) Any person, who, being in charge of any premises, institution or public place within which illegal weapons are recovered, shall be deemed to be in possession of such weapons and shall be liable to imprisonment for a term not exceeding thirty years. Section 12C(2) It shall be a defence if the person referred to in subsection (1) shows that he had no control over the entry of the weapons in any premises, institution or public place or he took appropriate step to prevent into the place of worship, institution or public place. [Act No. 19 of 2014 , s. 62.]
Section 12CVerify source
§ 12DOFFENCES - 12D. RadicalisationOffence

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 12D. Radicalisation Section A person who adopts or promotes an extreme belief system for the purpose of facilitating ideologically based violence to advance political, religious or social change commits an offence and is liable on conviction, to imprisonment for a term not exceeding thirty years. [Act No. 19 of 2014 , s. 62.]
Section 12DVerify source
§ 13OFFENCES - 13. Recruitment of members of a terrorist groupOffence

Section 13: Recruitment of members of a terrorist group

Section 13. Recruitment of members of a terrorist group Section to be a member of a terrorist group; or
Section 13Verify source
§ 14OFFENCES - 14. Training and directing of terrorist groups and personsOffence

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.

Section 14. Training and directing of terrorist groups and persons Section 14(1)(a) in the making or use of a weapon; Section 14(1)(b) in the carrying out of a terrorist act; Section 14(1)(c) in the practice of military exercises or movements, Section 14(2) A person who receives training or instruction referred to in subsection (1) for the purpose of engaging or preparing to engage in the commission of a terrorist act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.
Section 14Verify source
§ 15OFFENCES - 15. Obstruction of justiceOffence

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

Section 15. Obstruction of justice Section 15(1) A person who carries out any act for the purpose of obstructing or hindering the cause of justice under this Act commits an offence and is liable on conviction to imprisonment for a term not exceeding twenty years. Section 15(2)(a) uses or threatens to use physical force; Section 15(2)(b) intimidates; Section 15(2)(c) dissuades or attempts to dissuade a person from giving evidence; Section 15(2)(d) induces false evidence; Section 15(2)(e) interferes with the production or giving of evidence; or Section 15(2)(f) promises or offers a benefit,
Section 15Verify source
§ 16OFFENCES - 16. Obstruction of officersOffence

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.

Section 16. Obstruction of officers Section A person who willfully obstructs a public officer in the execution of his duties under this Act or a person lawfully acting under the direction of the officer commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.
Section 16Verify source
§ 17OFFENCES - 17. Retaliation against witnessesOffence

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.

Section 17. Retaliation against witnesses Section A person who does or omits to do any act against a person or a member of the family of a person in retaliation for the person having given information or evidence under this Act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.
Section 17Verify source
§ 18OFFENCES - 18. IntimidationOffence

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

Section 18. Intimidation Section to abstain from doing anything that the person has a lawful right to do under this Act; or
Section 18Verify source
§ 19OFFENCES - 19. Disclosure of informationOffence

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

Section 19. Disclosure of information Section discloses to another person anything which is likely to prejudice the investigation; or
Section 19Verify source
§ 20OFFENCES - 20. False statementsOffence

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 20. False statements Section A person who, with intent to mislead an officer under this Act, makes a statement knowing the same to be false commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.
Section 20Verify source
§ 21OFFENCES - 21. Acts carried out for the commission of a terrorist act in foreign statesOffence

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;"

Section 21. Acts carried out for the commission of a terrorist act in foreign states Section knowingly promotes or facilitates the commission of an act;
Section 21Verify source
§ 22OFFENCES - 22. Promotion of offences under this ActOffence

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.

Section 22. Promotion of offences under this Act Section being the owner, occupier, lessee or in charge of any building premises or place, authorizes a meeting of persons to be held in that building, premises or place; or
Section 22Verify source
§ 23OFFENCES - 23. Conspiracy to commit offences under this ActOffence

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

Section 23. Conspiracy to commit offences under this Act Section 23(1) A person who, being outside Kenya, conspires with a person who is in Kenya to carry out a terrorist act in any place outside Kenya being an act which if committed in Kenya, would constitute an offence under this Act shall be deemed to have conspired to commit that act in Kenya. Section 23(2) A person who, being in Kenya, conspires with a person who is outside Kenya carry out a terrorist act in Kenya shall be deemed to have conspired in Kenya to carry out that act. Section 23(3) A person who, being outside Kenya, conspires with a person who is outside Kenya to carry out a terrorist act in Kenya shall be deemed to have conspired in Kenya to do that act. Section 23(3A) A person who being in Kenya, conspires with another person who is also in Kenya to carry out a terrorist act in Kenya or outside Kenya commits an offence. Section 23(4) A person who conspires to carry out a terrorist act under this section commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years. [Act No. 19 of 2014 , s. 63.]
Section 23Verify source
§ 24OFFENCES - 24. Membership of terrorist groupsOffence

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 24. Membership of terrorist groups Section A person who is a member of, or professes to be a member of or associates with or professes to associate with a terrorist group commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years. [Act No. 10 of 2023 , Sch.]
Section 24Verify source
§ 25OFFENCES - 25. Arrangement of meetings in support of terrorist groupsOffence

Section 25. Arrangement of meetings in support of terrorist groups

Section 25. Arrangement of meetings in support of terrorist groups Section the support of a terrorist group; or
Section 25Verify source
§ 26OFFENCES - 26. HoaxesOffence

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.

Section 26. Hoaxes Section A person who issues any information that a terrorist act has been or is likely to be committed, knowing that the information is false, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.
Section 26Verify source
§ 27OFFENCES - 27. IncitementOffence

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.

Section 27. Incitement Section A person who publishes, distributes or otherwise avails information intending to directly or indirectly incite another person or a group of persons to carry out a terrorist act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years.
Section 27Verify source
§ 28OFFENCES - 28. Kidnapping and hostage takingOffence

Seizes, detains or kidnaps a person.

Section 28. Kidnapping and hostage taking Section seizes, detains or kidnaps a person; and
Section 28Verify source
§ 29OFFENCES - 29. Collection of informationOffence

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.

Section 29. Collection of information Section A person who, in committing or in instigating, preparing or facilitating the commission of a terrorist act, holds, collects, generates or transmits information for the use in the commission of a terrorist act commits an offence, and is liable, on conviction, to imprisonment for a term not exceeding thirty years. [Act No. 6 of 2025 , Sch.]
Section 29Verify source
§ 30OFFENCES - 30. Possession of an article connected with an offence under this ActOffence

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.

Section 30. Possession of an article connected with an offence under this Act Section A person who knowingly possesses an article or any information for the use in instigating the commission of, preparing to commit or committing a terrorist act commits an offence, and is liable, on conviction, to imprisonment for a term not exceeding twenty years. [Act No. 6 of 2025 , Sch.]
Section 30Verify source
§ 30AOFFENCES - 30A. Publication of offending materialOffence

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.

Section 30A. Publication of offending material Section 30A(1) A person who publishes or utters a statement that is likely to be understood as directly or indirectly encouraging or inducing another person to commit or prepare to commit an act of terrorism commits an offence and is liable on conviction to imprisonment for a term not exceeding fourteen years. Section 30A(2)(a) the circumstances and manner of the publications are such that it can reasonably be inferred that it was so intended; or Section 30A(2)(b) the intention is apparent from the contents of the statement. Section 30A(3) For purposes of this section, it is irrelevant whether any person is in fact encouraged or induced to commit or prepare to commit an act of terrorism. [Act No. 19 of 2014 , s. 64.]
Section 30AVerify source
§ 30BOFFENCES - 30B. Training or instruction for purposes of terrorismOffence

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.

Section 30B. Training or instruction for purposes of terrorism Section 30B(1)(a) attends training or receives instructions at any place, whether in Kenya or outside Kenya; or Section 30B(1)(b) receives instruction or training on the use or handling of weapons, Section 30B(2)(a) the person in fact receives the training; or Section 30B(2)(b) the instruction is provided for particular acts of terrorism.
Section 30BVerify source
§ 30COFFENCES - 30C. Presumption of travelling to a country for purposes of being trained as a terroristOffence

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.

Section 30C. Presumption of travelling to a country for purposes of being trained as a terrorist Section 30C(1) A person who travels to a country designated by the Cabinet Secretary to be a terrorist training country without passing through designated immigration entry or exit points shall be presumed to have travelled to that country to receive training in terrorism. Section 30C(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). Section 30C(3) For the purposes of this section, the Cabinet Secretary may, through regulations, designate any country to be a terrorist training country. [Act No. 19 of 2014 , s. 64.]
Section 30CVerify source
§ 30DOFFENCES - 30D. Foreign terrorist fightersOffence

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.

Section 30D. Foreign terrorist fighters Section A person who is not a Kenyan citizen who enters or passes through Kenya for purposes of engaging in terrorist activities in Kenya or elsewhere commits an offence and shall on conviction, be liable to imprisonment for a term not exceeding thirty years. [Act No. 19 of 2014 , s. 64.]
Section 30DVerify source
§ 30EOFFENCES - 30E. Aiding and abettingOffence

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.

Section 30E. Aiding and abetting Section A person who aids or abets the commission of an offence under this Act commits an offence and shall be liable on conviction to a term of imprisonment for a term not exceeding twenty years. [Act No. 19 of 2014 , s. 64.]
Section 30EVerify source
§ 30FOFFENCES - 30F. Prohibition from broadcasting.Offence

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.

Section 30F. Prohibition from broadcasting. Section 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. Section 30F(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. Section 30F(3) Notwithstanding subsection (2) any person may publish or broadcast factual information of a general nature to the public. [Act No. 19 of 2014 , s. 64.]
Section 30FVerify source
§ 30GOFFENCES - 30G. Prohibition from making funds availableOffence

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.

Section 30G. Prohibition from making funds available Section 30G(1)(a) directly or indirectly, wholly or jointly, for the benefit of designated persons and entities; Section 30G(1)(b) for entities owned or controlled, directly or indirectly, by designated persons or entities; and Section 30G(1)(c) for persons and entities acting on behalf of, or at the direction of, designated persons or entities, unless licensed, authorised or otherwise notified in accordance with the relevant United Nations Security Council resolution. Section 30G(2)(a) in case of a natural person, to imprisonment for a term not exceeding twenty years; and Section 30G(2)(b) in case of a legal person, a fine not exceeding twenty million shillings.
Section 30GVerify source
§ 30HOFFENCES - 30H. Penalties for legal personsOffence

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.

Section 30H. Penalties for legal persons Section 30H(1) A legal person who contravenes the provisions of sections 4 , 10 , 11 , 12 , 12B , 12C , 12D , 13 , 14 , 21 , 24 , 27 , 28 , 29 or 30D commits an offence and is liable, on conviction, to a fine not exceeding thirty million shillings. Section 30H(2) A legal person who contravenes any other provisions not provided under subsection (1) is liable on conviction to a fine not exceeding twenty million shillings. [Act No. 10 of 2023 , Sch., Act No. 6 of 2025 , Sch.]
Section 30HVerify source
§ 4OFFENCES - 4. Commission of a terrorist actOffence

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.

Section 4. Commission of a terrorist act Section 4(1) A person who carries out a terrorist act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years. Section 4(2) Where a person carries out a terrorist act which results in the death of another person, such person is liable, on conviction, to imprisonment for life.
Section 4Verify source
§ 4AOFFENCES - 4A. Commission of proliferation actOffence

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.

Section 4A. Commission of proliferation act Section A person who, within or outside Kenya, directly or indirectly engages in a proliferation act commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding twenty years or to a fine not exceeding twenty million shillings, or to both such fine and such imprisonment. [Act No. 10 of 2023 , Sch.]
Section 4AVerify source
§ 4BOFFENCES - 4B. Financing of proliferation actOffence

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 4B. Financing of proliferation act Section A person who by any means, within or outside Kenya, directly or indirectly, provides financial support or solicits or collects funds intending, knowing or having reasonable grounds to believe that such funds are to be used in whole or part, to carry out a proliferation act regardless of whether such funds or part thereof were actually used to commit the act, commits an offence and is liable, upon conviction, to imprisonment for a term of imprisonment not exceeding twenty years or to a fine not exceeding twenty million shillings or to both such fine and such imprisonment. [Act No. 10 of 2023 , Sch.]
Section 4BVerify source
§ 5OFFENCES - 5. Collection or provision of property and services for commission of terrorist actsOffence

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

Section 5. Collection or provision of property and services for commission of terrorist acts Section 5(1)(a) for the commission of, or facilitating the commission of a terrorist act or any other act which constitutes an offence within the scope of, and as defined in any of the treaties listed in the annex to the 1999 International Convention for the Suppression of the Financing of Terrorism; Section 5(1)(b) by a terrorist group for any purpose; Section 5(1)(c) commits, or attempts to commit, by any means, directly or indirectly, unlawfully and willfully, acts within the scope of paragraph (a); Section 5(1)(c)(i) commits, or attempts to commit, by any means, directly or indirectly, unlawfully and willfully, acts within the scope of paragraph (a); Section 5(1)(c)(ii) participates as an accomplice in acts within the scope of paragraph (a); Section 5(1)(c)(iii) organizes or directs others to commit acts within the scope of paragraph (a); or Section 5(1)(c)(iv) contributes to the commission of acts within the scope of paragraph (a) by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the commission of acts within the scope of paragraph (a), or with the knowledge of the intention of the group to commit acts within the scope of paragraph (a), Section 5(2) The offences under this section shall be deemed to be committed irrespective of any occurrence of a terrorist act or other act referred to in subsection (1)(a) or whether the funds have actually been used to commit such act. [Act No. 38 of 2013 , s. 33.]
Section 5Verify source
§ 5AOFFENCES - 5A. Financing of travel for terrorism purposesOffence

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

Section 5A. Financing of travel for terrorism purposes Section 5A(1) A person who finances the travel of an individual to a State other than that individual’s State of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, a terrorist act or the providing or receiving of terrorist training commits an offence. Section 5A(2) A person who commits an offence under subsection (1) shall be liable, upon conviction, to imprisonment for a term not exceeding twenty years in the case of a natural person or a fine not exceeding twenty million shillings in the case of a legal person.
Section 5AVerify source
§ 6OFFENCES - 6. Possession of property for commission of terrorist actsOffence

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.

Section 6. Possession of property for commission of terrorist acts Section A person who possesses any property intending or knowing that it shall be used, whether directly or indirectly or in whole or in part, for the commission of, or facilitating the commission of a terrorist act, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.
Section 6Verify source
§ 7OFFENCES - 7. Arrangements for the retention or control of terrorist propertyOffence

Arrangements for the retention or control of terrorist property

Section 7. Arrangements for the retention or control of terrorist property Section by concealment;
Section 7Verify source
§ 8OFFENCES - 8. Dealing in property owned or controlled by terrorist groupsOffence

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.

Section 8. Dealing in property owned or controlled by terrorist groups Section 8(1)(a) deals directly or indirectly, in any property that is owned or controlled by or on behalf of a terrorist group; Section 8(1)(b) enters into, or facilitates, directly or indirectly any transaction in respect of property referred to in paragraph (a); or Section 8(1)(c) provides financial or other services in respect of property referred to in paragraph (a) at the direction of a terrorist group, Section 8(2) A person under subsection (1) who proves that he took all reasonable action to satisfy himself that the property was not owned or controlled by or on behalf of a terrorist group shall not be liable in any civil action for any action taken under subsection (1) in relation to that property.
Section 8Verify source
§ 9OFFENCES - 9. Soliciting and giving of support to terrorist groups or for the commission of terrorist actsOffence

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.

Section 9. Soliciting and giving of support to terrorist groups or for the commission of terrorist acts Section 9(1) A person who knowingly supports or solicits support for the commission of a terrorist act by any person or terrorist group commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years. Section 9(2) (2) For the purposes of subsection (1), support includes the provision of forged or falsified travel documents or other documents, facilitation of travel, shelter, clothing, communication devices and systems. [Act No. 10 of 2023 , Sch.]
Section 9Verify source
§ 9AOFFENCES - 9A. Facilitation of terrorist actsOffence

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.

Section 9A. Facilitation of terrorist acts Section A person who advocates, promotes, advises or facilitates with intent to commit a terrorist act, any act preparatory to a terrorist act, commits an offence and is liable, on conviction to imprisonment for a term not exceeding twenty years. [Act No. 19 of 2014 , s. 61.]
Section 9AVerify source

Part IV

INVESTIGATION OF OFFENCES

§ 31INVESTIGATION OF OFFENCES - 31. Powers of arrestOffence

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.

Section 31. Powers of arrest Section A police officer may arrest a person where he has reasonable grounds to believe that such person has committed or is committing an offence under this Act.
Section 31Verify source
§ 32INVESTIGATION OF OFFENCES - 32. Right to be releasedOffence

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.

Section 32. Right to be released Section 32(1)(a) the suspect is produced before a Court and the Court has ordered that the suspect be remanded in custody; or Section 32(1)(b) the twenty-four hours ends outside ordinary court hours or on a day that is not an ordinary court day. Section 32(2) A police officer holding a suspect under subsection (1) may release that suspect at any time before the expiry of twenty-four hours on condition that the suspect appears before the Court or such other place as may be specified, in writing, by the police officer and may, for this purpose, require the suspect to execute a bond of a reasonable sum on the suspect’s own recognizance. Section 32(3) Deleted by ActNo. 19 of 2014, s. 65. [Act No. 19 of 2014 , s. 65.]
Section 32Verify source
§ 33INVESTIGATION OF OFFENCES - 33. Remand by courtOffence

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.

Section 33. Remand by court Section 33(1)(a) produce the suspect before a Court; and Section 33(1)(b) apply in writing to the Court for an extension of time for holding the suspect in custody. Section 33(2)(a) the nature of the offence for which the suspect has been arrested; Section 33(2)(b) the general nature of the evidence on which the suspect has been arrested; Section 33(2)(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 Section 33(2)(d) the reasons necessitating the continued holding of the suspect in custody, Section 33(3) A Court shall not hear an application for extension of time under subsection (1)(b) unless the suspect has been served with a copy of the application. Section 33(4)(a) release the suspect unconditionally; Section 33(4)(b) does not, while on release, commit an offence, interfere with witnesses or the investigations in relation to the offence for which the suspect has been arrested; Section 33(4)(b)(i) does not, while on release, commit an offence, interfere with witnesses or the investigations in relation to the offence for which the suspect has been arrested; Section 33(4)(b)(ii) avails himself for the purpose of facilitating the conduct of investigations and the preparation of any report to be submitted to the Court dealing which the matter in respect of which the suspect stands accused; and Section 33(4)(b)(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 Section 33(4)(c) having regard to the circumstances specified under subsection (5), make an order for the remand of the suspect in custody. Section 33(5)(a) there are compelling reasons for believing that the suspect shall not appear for trial, interfere with witnesses or the conduct of investigations, or commit an offence while on release; Section 33(5)(b) it is necessary to keep the suspect in custody for the protection of the suspect or where the suspect is a minor, for the welfare of the suspect; Section 33(5)(c) the suspect is serving a custodial sentence; or Section 33(5)(d) the suspect, having been arrested in relation to the commission of an offence under this Act, has breached a condition for his release. Section 33(6)(a) to execute a bond for such reasonable amount as the Court considers appropriate in the circumstances; and Section 33(6)(b) to provide one or more suitable securities for the bond. Section 33(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. Section 33(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. Section 33(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. Section 33(10) Where the Court grants an extension under subsection (9), such period shall not, together with the period for which the suspect was first remanded in custody, exceed three hundred and sixty days. [Act No. 19 of 2014 , s. 66.]
Section 33Verify source
§ 34INVESTIGATION OF OFFENCES - 34. Power to gather informationOffence

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 34. Power to gather information Section 34(1) In addition to any power conferred by any other written law, a police officer may, for the purpose of conducting an investigation in relation to the commission of an offence under this Act, apply ex parte to a Magistrate’s Court for an order for the gathering of information. Section 34(2)(a) an offence under this Act has been committed; and Section 34(2)(a)(i) an offence under this Act has been committed; and Section 34(2)(a)(ii) the order is necessary for the purpose of obtaining information concerning the offence or the whereabouts of a person suspected by the police officer to have committed the offence; or Section 34(2)(b) an offence is likely to be committed under this Act; Section 34(2)(b)(i) an offence is likely to be committed under this Act; Section 34(2)(b)(ii) a person has direct and material information that relates to the offence under paragraph (i) or that may reveal the whereabouts of a person whom the police officer suspects is likely to commit that offence; and Section 34(2)(b)(iii) reasonable attempts have been made to obtain the information referred to in paragraph (ii) from the suspect. Section 34(3)(a) require the examination of the person specified in the order; Section 34(3)(b) require the attendance of the person specified in the order at such a place and time as the Court may specify for purpose of examination; Section 34(3)(c) require the production before the Court, any information or material in the possession of the person specified in the order which is relevant to the investigation; or Section 34(3)(d) impose such conditions as it may consider necessary including conditions for the protection of the interests of the person or third party specified in the order or for the safeguard of any investigation. Section 34(4) The Court may vary the conditions of an order made under this section. Section 34(5) Subject to Article 49(1)(d) of the Constitution, a person specified in an order issued under subsection (2) shall answer questions put to him by the police officer, and shall produce to the presiding magistrate any information or thing required to be produced by him under subsection (3)(c) but may refuse to do so if answering a question or producing the information or thing would disclose information that is protected by the law relating to non-disclosure of information or privilege. Section 34(6) The Court shall determine an objection or any issue relating to a refusal to answer a question or to produce information or thing under subsection (5). Section 34(7)(a) an answer given or document or thing produced under subsection (5) shall not be used or received against the person in any proceedings against that person, other than in a prosecution for perjury or giving false evidence; and Section 34(7)(b) no evidence derived from the evidence obtained from the person shall be used or received against the person in any proceedings against that person, other than in a prosecution for perjury or giving false evidence. Section 34(8) A person shall have the right to retain and instruct counsel at any stage of the proceedings under this section. Section 34(9) The Court may, if satisfied that any document or article produced during an examination under this section is relevant to the investigation of any offence under this Act, make an order for the submission of that document or thing into the custody of the police officer or someone acting on behalf of the police officer.
Section 34Verify source
§ 35INVESTIGATION OF OFFENCES - 35. Limitation of certain rightsOffence

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.

Section 35. Limitation of certain rights Section 35(1) Subject to Article 24 of the Constitution, the rights and fundamental freedoms of a person or entity to whom this Act applies may be limited for the purposes, in the manner and to the extent set out in this section. Section 35(2)(a) the investigations of a terrorist act; Section 35(2)(b) the detection and prevention of a terrorist act; or Section 35(2)(c) that the enjoyment of the rights and fundamental freedoms by an individual does not prejudice the rights and fundamental freedom of others. Section 35(3)(a) a person, home or property to be searched; Section 35(3)(a)(i) a person, home or property to be searched; Section 35(3)(a)(ii) possessions to be seized; Section 35(3)(a)(iii) the privacy of a person’s communication to be investigated, intercepted or otherwise interfered with. Section 35(3)(b) the protection of the suspect or any witness; Section 35(3)(b)(i) the protection of the suspect or any witness; Section 35(3)(b)(ii) the suspect avails himself for examination or trial or does not interfere with the investigations; or Section 35(3)(b)(iii) the prevention of the commission of an offence under this Act and the preservation of national security. Section 35(3)(c) the freedom of expression, the media and of conscience, religion, belief and opinion to the extent of preventing the commission of an offence under this Act. Section 35(3)(d) the freedom of security of a person to the extent of allowing investigations under this Act. Section 35(3)(e) the right to property to the extent of detaining or confiscating any property used in the commission of an offence under this Act.
Section 35Verify source
§ 36INVESTIGATION OF OFFENCES - 36. Power to intercept communication and the admissibility of intercepted communicationOffence

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.

Section 36. Power to intercept communication and the admissibility of intercepted communication Section 36(1) Subject to subsection (2), a police officer of or above the rank of Chief Inspector of Police may, for the purpose of obtaining evidence of the commission of an offence under this Act, apply ex parte , to a Chief Magistrate or to the High Court for an interception of communications order. Section 36(2) A police officer shall not make an application under subsection (1) unless he has applied for and obtained the written consent of the Inspector-General or the Director of Public Prosecutions. Section 36(3)(a) requiring a communications service provider to intercept and retain specified communication of a specified description received or transmitted, or about to be received or transmitted by that communications service provider; or Section 36(3)(b) authorizing the police officer to enter any premises and to install on such premises, any device for the interception and retention of a specified communication and to remove and retain such device. Section 36(4)(a) the commission of an offence under this Act; or Section 36(4)(b) the whereabouts of the person suspected by the police officer to have committed the offence. Section 36(5)(a) intercepted and retained pursuant to an order under subsection (3); or Section 36(5)(b) intercepted and retained in a foreign state in accordance with the law of that foreign state and certified by a Court of that foreign state to have been so intercepted and retained, Section 36(6) A police officer who intercepts communication other than is provided for under this section commits an offence and shall on conviction be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five million shillings or to both. [Act No. 19 of 2014 , s. 68.]
Section 36Verify source
§ 36AINVESTIGATION OF OFFENCES - 36A. Interception of communication by the National Security OrgansOffence

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.

Section 36A. Interception of communication by the National Security Organs Section 36A(1) The National Security Organs may intercept communication for the purposes of detecting, deterring and disrupting terrorism and terrorism financing in accordance with procedures to be prescribed by the Cabinet Secretary. Section 36A(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. Section 36A(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 and terrorism financing. [Act No. 19 of 2014 , s. 69, Act No. 6 of 2025 , Sch.]
Section 36AVerify source
§ 37INVESTIGATION OF OFFENCES - 37. Power to seize property used in commission of terrorist actsOffence

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.

Section 37. Power to seize property used in commission of terrorist acts Section 37(1) Where the Inspector-General has reasonable grounds to suspect that any property has been, or is being used for the purpose of committing an offence under this Act, he may make an ex parte application to the High Court supported by an affidavit, for an order to seize that property. Section 37(2) Where it is not reasonably practicable, having regard to the urgency of the situation, the Inspector-General may, notwithstanding the provisions of subsection (1) seize the property, provided that the Inspector-General shall, as soon as is practically possible, but not later than seventy two hours after seizing the property, make an application to the High Court for an order specified under subsection (1). Section 37(3)(a) every person having an interest in the property has been given a reasonable opportunity to be heard; and Section 37(3)(b) there are reasonable grounds to believe that the property has been, or is being used for the purpose of committing an offence under this Act. Section 37(4) Subject to subsection (5), an order for the detention of property made under subsection (3) shall be valid for a period of sixty days and may on application, be extended by the High Court for such further period as may be necessary to enable, where applicable, the production of the property in Court in proceedings for an offence under this Act in respect of that property. Section 37(5)(a) the Court no longer has reasonable grounds to suspect that the property has been or is being used for the commission of an offence under this Act; or Section 37(5)(b) no proceedings are instituted in the High Court for an offence under this Act in respect of that property within six months of the date of the detention order. Section 37(6) No civil or criminal proceedings shall lie personally against the Inspector-General for a seizure of property made in good faith under subsection (2).
Section 37Verify source

Part V

TRIAL OF OFFENCES

§ 38TRIAL OF OFFENCES - 38. Jurisdiction to try offences under this ActOffence

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

Section 38. Jurisdiction to try offences under this Act Section 38(1) The subordinate courts shall have jurisdiction to try an offence under this Act where the act or omission constituting the offence is committed in Kenya. Section 38(2)(a) a citizen of Kenya; or Section 38(2)(a)(i) a citizen of Kenya; or Section 38(2)(a)(ii) ordinarily resident in Kenya; and Section 38(2)(b) against a citizen of Kenya; Section 38(2)(b)(i) against a citizen of Kenya; Section 38(2)(b)(ii) against property belonging to the Government of Kenya outside Kenya; or Section 38(2)(b)(iii) to compel the Government of Kenya to do or refrain from doing any act; or Section 38(2)(c) the person who commits the act or omission is, after its commission or omission, present in Kenya.
Section 38Verify source
§ 39TRIAL OF OFFENCES - 39. Evidence by certificateOffence

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.

Section 39. Evidence by certificate Section Where in any proceedings for an offence under this Act a question arises as to whether any thing or substance is a weapon, a certificate signed by an appropriate authority to the effect that the thing or substance described in the certificate is a weapon, shall, be admissible in evidence without proof of the signature of the person appearing to have signed it and shall, in the absence of evidence to the contrary, be proof of the facts stated therein. [Act No. 19 of 2014 , s. 71.]
Section 39Verify source
§ 39ATRIAL OF OFFENCES - 39A. EvidenceOffence

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

Section 39A. Evidence Section The Court shall have due regard to the authenticity and accuracy of the evidence presented before it without undue regard to technicalities of procedure. [Act No. 19 of 2014 , s. 72.]
Section 39AVerify source
§ 40TRIAL OF OFFENCES - 40. Order for forfeiture of property on conviction of offences under this ActOffence

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).

Section 40. Order for forfeiture of property on conviction of offences under this Act Section 40(1)(a) used for or in connection with; or Section 40(1)(b) received as payment or reward for, Section 40(2) In making an order under subsection (1), the Court shall give every party who has an interest in the property an opportunity to be heard. Section 40(3)(a) if no appeal is filed within a period of fourteen days; or Section 40(3)(b) if an appeal has been lodged against the order, on the confirmation of the order on appeal.
Section 40Verify source

Part VI

MECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES

§ 40AMECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES - 40A. Establishment of a counter-terrorism CentreProvision

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.

Section 40A. Establishment of a counter-terrorism Centre Section 40A(1) There is established a National Counter-Terrorism Centre, hereinafter referred to as the "Centre" which shall be an inter-agency body. Section 40A(2)(a) the Director appointed by the National Security Council; Section 40A(2)(b) the National Intelligence Service; Section 40A(2)(c) the Kenya Defence Forces; Section 40A(2)(d) the Attorney-General; Section 40A(2)(e) the Directorate of Immigration; Section 40A(2)(f) the National Police Service; Section 40A(2)(g) the Ministry for the time being responsible for foreign affairs; Section 40A(2)(h) the Office of the Director of Public Prosecutions; Section 40A(2)(i) the Kenya Wildlife Services; Section 40A(2)(j) the Probation and Aftercare Services Department; Section 40A(2)(k) the Kenya Prisons Service; Section 40A(2)(l) the Kenya Civil Aviation Authority; and Section 40A(2)(m) such other national agencies as may be determined by the National Security Council. Section 40A(3) The members of the Centre specified under subsection (2) shall be seconded to the Centre for a period not exceeding three years renewable once. Section 40A(4) The Director shall be responsible for the management and implementation of the functions of the Centre. [Act No. 19 of 2014 , s. 74, Act No. 12 of 2019 , Sch.]
Section 40AVerify source
§ 40BMECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES - 40B. Responsibilities of the CentreProvision

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.

Section 40B. Responsibilities of the Centre Section 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. Section 40B(2)(a) establish a database to assist law enforcement agencies; Section 40B(2)(b) conduct public awareness on prevention of terrorism; Section 40B(2)(c) develop strategies such as counter and de-radicalization; Section 40B(2)(d) facilitate capacity building for counter-terrorism stakeholders; Section 40B(2)(e) co-ordinate with other government agencies to provide security certification for aviation schools or companies; Section 40B(2)(f) analyse all information and intelligence on terrorism and counterterrorism for purposes of proposing policy and legal adjustments to the National Security Council and other national security leadership. Section 40B(3) The Director of the Centre shall design and formulate a framework for the de-radicalisation, disengagement and re-integration programme for returnees and at-risk individuals. [Act No. 19 of 2014 , s. 74, Act No. 12 of 2019 , Sch, Act No. 10 of 2023 , Sch.]
Section 40BVerify source
§ 40CMECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES - 40C. Responsibility of the public and government bodiesProvision

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.

Section 40C. Responsibility of the public and government bodies Section 40C(1) All persons intending to engage in activities to prevent and counter violent extremism and radicalisation through counter messaging or public outreach, and disengagement and reintegration of radicalized individuals shall seek the written approval of the Centre prior to engaging in the activities. Section 40C(1A) In granting approval under sub-section (1), the Centre shall take into consideration all relevant information, including information from security agencies. Section 40C(1B) Persons approved by the Centre under subsection (1) shall send periodic reports to the Centre on the activities conducted and such other information as the Centre may prescribe. Section 40C(1C) The Centre shall formulate guidelines on the criteria for approval under subsection (1). Section 40C(2) The Centre may request any person or government body for any information relating to terrorism. Section 40C(3) Members of the public have a responsibility to furnish the Centre with any information relating to terrorism which is within their knowledge. [Act No. 19 of 2014 , s. 74, Act No. 12 of 2019 , Sch, Act No. 10 of 2023 , Sch.]
Section 40CVerify source
§ 40DMECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES - 40D. Establishment of Counter Financing of Terrorism Inter-Ministerial CommitteeProvision

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.

Section 40D. Establishment of Counter Financing of Terrorism Inter-Ministerial Committee Section 40D(1) There is established a committee to be known as the Counter Financing of Terrorism Inter-Ministerial Committee. Section 40D(2)(a) the Cabinet Secretary responsible for matters relating to internal security, who shall be the chairperson; Section 40D(2)(b) the Cabinet Secretary responsible for matters relating to finance; Section 40D(2)(c) the Cabinet Secretary responsible for matters relating to foreign affairs; Section 40D(2)(d) the Attorney-General; Section 40D(2)(e) the Director-General of the National Intelligence Service; Section 40D(2)(f) the Inspector-General of Police; Section 40D(2)(g) the Director-General of Immigration and Citizen Services; Section 40D(2)(h) the Director of the National Counter Terrorism Centre; Section 40D(2)(i) the Governor of the Central Bank of Kenya; and Section 40D(2)(j) the Director-General of the Financial Reporting Centre, who shall be the Secretary. Section 40D(3) The Committee may co-opt such other persons whose presence, participation, knowledge or skills are necessary for the proper functioning of the Committee. [Act No. 10 of 2023 , Sch.]
Section 40DVerify source
§ 40EMECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES - 40E. Functions of the CommitteeProvision

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.

Section 40E. Functions of the Committee Section 40E(1)(a) implement Resolution 1267, 1373, 1718 and 1988, resolutions relating to the suppression of terrorism financing and the prevention, suppression and disruption of the proliferation of, and financing of, dealings with weapons of mass destruction and such other related resolutions in accordance with this Act; Section 40E(1)(b) formulate and supervise the implementation of the National Strategy and Action Plan on Counter Financing of Terrorism; and Section 40E(1)(c) perform such other functions as may be conferred on it by any other written law. Section 40E(2)(a) identifying persons or entities for the purpose of designation; Section 40E(2)(aa) propose persons to the relevant Sanctions Committee; Section 40E(2)(b) examining and giving effect, upon a request by a foreign country, to an action initiated under the freezing mechanism of that foreign country, which is consistent with the public interest of Kenya; Section 40E(2)(c) considering requests for the delisting of a designated entity under this Act and the regulations made thereunder; and Section 40E(2)(d) the performance of its functions under this Act. Section 40E(3) The Committee shall, in carrying out its obligations under Resolution 1267, 1373, 1718 and 1988, the resolutions relating to the banning of travel, granting of visas and purchase of arms and related resolutions, co-ordinate with the relevant competent party for the purposes specified under susbsection (2). [Act No. 10 of 2023 , Sch., Act No. 6 of 2025 , Sch.]
Section 40EVerify source
§ 40FMECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES - 40F. Powers of the CommitteeProvision

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

Section 40F. Powers of the Committee Section 40F(1) The Committee shall have all the powers necessary for the performance of its functions under this Act. Section 40F(2) Without prejudice to the generality of paragraph (1), the Committee shall have the powers to issue such directives, guidelines, rules or instructions as it may consider necessary for the effective implementation of these Regulations. Section 40F(3) The Committee shall determine its own procedure for the conduct of its meetings and those of its sub-committees under these Regulations. [Act No. 10 of 2023 , Sch.]
Section 40FVerify source
§ 40GMECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES - 40G. Establishment of sub-committeesProvision

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

Section 40G. Establishment of sub-committees Section 40G(1) The Committee may, from time to time, establish such sub-committees as it may consider necessary for the effective discharge of its functions under this Act. Section 40G(2) The Committee may co-opt into the sub-committees established under subsection (1) such other persons whose presence, participation, knowledge or skills are necessary for the proper performance of the functions of the Committee. Section 40G(3) A person co-opted under subsection (2) may attend the meetings of the sub-committee and participate in the deliberations but shall have no right to vote at the meeting. [Act No. 10 of 2023 , Sch.]
Section 40GVerify source
§ 40HMECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES - 40H. Law enforcement co-ordinating groupsProvision

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.

Section 40H. Law enforcement co-ordinating groups Section 40H(1) The Committee shall constitute such sector specific law enforcement co-ordinating groups as it may consider necessary for the implementation of this Act and the Regulations made thereunder. Section 40H(2) The Co-ordinating groups constituted under subsection (1) shall be drawn from the list of law enforcement institutions set out in the Schedule. Section 40H(3) The Committee shall designate the chairperson of the co-ordinating group from amongst the members of the team constituted under subsection (1). Section 40H(4) Each co-ordinating group constituted under subsection (1) shall be responsible for the day-to-day implementation of this Act in relation to such sector as may be specified by the Committee. [Act No. 10 of 2023 , Sch.]
Section 40HVerify source
§ 40IMECHANISM FOR CO-ORDINATING COUNTER-TERRORISM MEASURES - 40I. ConfidentialityOffence

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.

Section 40I. Confidentiality Section 40I(1) A member of the Committee or any other person shall not, without the consent of the Committee in writing, publish or disclose to any person other than in the course of his or her duties, the contents of any document, communication or information which relates to, and which has come to his or her knowledge in the course of his or her duties under this Act. Section 40I(2) A person who contravenes subsection (1) commits an offence. [Act No. 10 of 2023 , Sch.]
Section 40IVerify source

Part VII

MISCELLANEOUS

§ 41MISCELLANEOUS - 41. Duty to disclose information relating to terrorist acts, etc.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.

Section 41. Duty to disclose information relating to terrorist acts, etc. Section 41(1)(i) preventing the commission of a terrorist act; or Section 41(1)(ii) securing the arrest or prosecution of another person for an offence committed under this Act, Section 41(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding three years. Section 41(3) No civil or criminal proceedings shall lie against any person for disclosing any information, in good faith, under subsection (1). [Act No. 19 of 2014 , s. 73.]
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§ 42MISCELLANEOUS - 42. Duty to disclose information relating to property of terrorist groups or property used for commission of offences under this ActOffence

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.

Section 42. Duty to disclose information relating to property of terrorist groups or property used for commission of offences under this Act Section 42(1)(a) the existence of any property in his or property used for commission of offences under this Act possession or control which is to his knowledge owned or controlled by or on behalf of a terrorist group; or Section 42(1)(b) any information regarding a transaction or proposed transaction in respect of any property referred to in paragraph (a), Section 42(2)(a) the name, physical and postal address and occupation of the property owner; Section 42(2)(b) a description of the property held; Section 42(2)(c) the value of the property; and Section 42(2)(d) such other information as the financial institution or the police officer shall consider necessary. Section 42(3) In addition to the requirements specified under subsection (2), every financial institution shall submit to the Financial Reporting Centre, information in relation to a transaction carried out which it has reasonable grounds to believe is intended to facilitate the commission of a terrorist act. Section 42(4) No civil or criminal proceedings shall lie against any person in respect of a disclosure or report made in good faith, under subsections (1), (2) or (3). Section 42(5) A person who fails to comply with the provisions of subsections (1), (2) or (3) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding seven years.
Section 42Verify source
§ 42AMISCELLANEOUS - 42A. Role of the Financial Reporting Centre, supervisory bodies and self-regulatory bodyProvision

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

Section 42A. Role of the Financial Reporting Centre, supervisory bodies and self-regulatory body Section 42A(1)(a) supervise and enforce the application of preventative measures to combat the financing of terrorism and combat the financing of proliferation acts by reporting institutions; Section 42A(1)(b) supervise and enforce the implementation of targeted financial sanctions by reporting institutions. Section 42A(2)(a) “preventative measures” include measures under Part IV of the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A); Section 42A(2)(b) “supervisory body” has the meaning assigned to it under section 2 of the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A); Section 42A(2)(c) “self-regulatory body” has the meaning assigned to it under section 2 of the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A); Section 42A(2)(d) “targeted financial sanctions” means both assets freezing and prohibitions to prevent funds or other assets from being made available directly or indirectly for the benefit of designated persons and entities.
Section 42AVerify source
§ 43MISCELLANEOUS - 43. Orders for seizure and restraint of propertyProvision

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.

Section 43. Orders for seizure and restraint of property Section 43(1)(a) a warrant authorizing a police officer to search the building, place or vessel and seize the property in respect of which the warrant is issued; or Section 43(1)(b) a restraining order prohibiting any person from disposing of, or dealing with any interest in that property, other than as may be specified in the order. Section 43(2)(a) appoint a person to take control of and manage or otherwise deal with the whole or a part of the property, in accordance with the directions of the Court; and Section 43(2)(b) require any person having possession of the property to give possession thereof to the person appointed under paragraph (a). Section 43(3)(a) in the case of perishable or rapidly depreciating property, the power to sell or otherwise dispose of that property; and Section 43(3)(b) in the case of property that has little or no value, the power to destroy that property. Section 43(4) A person shall not destroy property under subsection (3)(b) unless he has applied for, and obtained an order from the High Court for the destruction of the property. Section 43(5)(a) a notice has been issued in such manner as the Court may direct, to any person who, in the opinion of the Court, appears to have an interest in the property; and Section 43(5)(b) that person has been given a reasonable opportunity to be heard. Section 43(6) An order for the management of property under subsection (2)(a) shall cease to have effect if the property which is the subject of the order is returned to the owner in accordance with the relevant written law or forfeited to the State. Section 43(7) The Director of Public Prosecutions may, at any time, apply to the High Court for the cancellation or variation of a warrant or order issued under this section.
Section 43Verify source
§ 44MISCELLANEOUS - 44. Orders for forfeiture of propertyProvision

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

Section 44. Orders for forfeiture of property Section 44(1)(a) owned or controlled by or on behalf of a terrorist group; or Section 44(1)(b) used or intended to be used, in whole or in part in the commission of, or to facilitate the commission of a terrorist act. Section 44(1)(c) the proceeds of, or used in, or intended or allocated for use in the financing of terrorism, terrorist acts or terrorist organisations; or Section 44(1)(d) property of corresponding value. Section 44(2)(a) to the respondent in relation to the application; and Section 44(2)(b) to any person who, in the opinion of the Court, appears to have an interest in the property, Section 44(3) A person who has an interest in property under subsection (2)(b) may, on an application to the Court, be enjoined as a party to the application. Section 44(4) The Court may, where it is satisfied that the property in respect of which an application is made falls within the scope of subsection (1), make an order for the forfeiture of the property to the State and may issue such further orders for the disposition of the property as it considers appropriate. Section 44(5)(a) has an interest in the property which is the subject of the application; Section 44(5)(b) has exercised reasonable care to ensure that the property is not used to commit or facilitate the commission of a terrorist act; and Section 44(5)(c) is not a member of a terrorist group, Section 44(6)(a) has an interest in property against which an order for forfeiture has been issued under subsection (4); and Section 44(6)(b) was not served with a notice under subsection (2)(b), Section 44(7) An order for the restraint, seizure or management of property under this Part shall continue in force pending the determination of an application under subsection (6) or an appeal against the decision of the Court. [Act No. 10 of 2023 , Sch.]
Section 44Verify source
§ 45MISCELLANEOUS - 45. Power to prohibit making funds available to persons to commit terrorist actsOffence

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

Section 45. Power to prohibit making funds available to persons to commit terrorist acts Section 45(1)(a) all persons in Kenya; and Section 45(1)(b) all citizens of Kenya residing outside Kenya, Section 45(2) A person who contravenes an order issued under subsection (1) commits an offence and shall on conviction, be liable to imprisonment for a term not exceeding five years. [Act No. 25 of 2015 , Sch.]
Section 45Verify source
§ 46MISCELLANEOUS - 46. Refusal of applications for registration, and the revocation of registration, of associations linked to terrorist groupsProvision

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.

Section 46. Refusal of applications for registration, and the revocation of registration, of associations linked to terrorist groups Section 46(1) The Cabinet Secretary may, where he has reasonable grounds to believe that a registered company or association or an applicant for registration as a company or association has made or is likely to make available, directly or indirectly, any resources in support of a terrorist group, issue an order to that effect in the prescribed form. Section 46(2)(a) the relevant Registrar responsible for registration of the association; and Section 46(2)(b) the applicant or the registered association, personally or by registered post sent to the last known address of the applicant or the registered association as the case may be. Section 46(3)(a) file a copy of the order in the High Court; Section 46(3)(b) file an application for the confirmation of the order issued under subsection (1); and Section 46(3)(c) cause to be served on the applicant or registered association, personally or by registered post sent to the last known address, a notice of the filing of the order and application. Section 46(4) The Cabinet Secretary shall cause to be served on the relevant Registrar, a notice of the filing of an application under subsection (3). Section 46(5) The Registrar shall not, where the notice served on him is in relation to a group of persons intending to be registered as an association, register that group as an association pending the determination of the application under subsection (3). Section 46(6)(a) examine in chambers, the information including any security or criminal intelligence reports considered by the Cabinet Secretary before issuing an order, hear any evidence or information that may be presented by or on behalf of the Cabinet Secretary, and may on the request of the Cabinet Secretary, hear all or part of that evidence or information in the absence of the applicant or registered association, or any counsel representing the applicant or the registered association, if the Court is of the opinion that the disclosure of the information would be prejudicial to national security or endanger the safety of any person; Section 46(6)(b) provide the applicant for registration or the registered association with a statement summarizing the information available to the Court so as to enable the applicant for registration or the registered association to be reasonably informed of the circumstances giving rise to the order, without disclosing any information the disclosure of which would, in the opinion of the Court, prejudice national security or endanger the safety of any person; Section 46(6)(c) provide the applicant for registration or registered association with a reasonable opportunity to be heard; and Section 46(6)(d) determine whether the order is reasonable on the basis of all the information available to the Court. Section 46(7) Where the Court determines that the order made by the Cabinet Secretary, under subsection (5) is reasonable, the Court shall confirm the order. Section 46(8) The Cabinet Secretary shall, by notice in the Gazette , publish a notice of the confirmation of the order by the High Court. Section 46(9)(a) shall not register an applicant for registration; or Section 46(9)(b) revoke or cancel the registration of an association. Section 46(10) An order issued by the Cabinet Secretary shall have no effect unless it is confirmed and published in accordance with this section.
Section 46Verify source
§ 47MISCELLANEOUS - 47. Provision of information relating to persons entering and leaving the countryProvision

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.

Section 47. Provision of information relating to persons entering and leaving the country Section 47(1)(a) operator of an aircraft or master of a vessel, departing from, or entering, Kenya; or Section 47(1)(b) to the Director any information in his or her possession relating to persons on board or expected to be on board the aircraft or vessel, as the case may be; and Section 47(1)(b)(i) to the Director any information in his or her possession relating to persons on board or expected to be on board the aircraft or vessel, as the case may be; and Section 47(1)(b)(ii) to the competent authority in a foreign state, any information in his or her possession relating to persons on board or expected to be on board the aircraft or vessel, as the case may be, and required by the laws of that foreign state. Section 47(2) The Director shall not use or disclose any information provided to him under subsection (1) for any other purpose except for national security or public safety. Section 47(3)(a) on the types or classes of information that may be provided under this section; or Section 47(3)(b) the foreign states to which the information may be provided. Section 47(4) In this section, "Director" means the director appointed under section (4) of the Kenya Citizenship and Immigration Act ( Cap. 170 ).
Section 47Verify source
§ 48MISCELLANEOUS - 48. Powers to refuse refugee applicationProvision

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.

Section 48. Powers to refuse refugee application Section 48(1) The Commissioner for Refugee Affairs may, having regard to the interests of national security, public safety and the International Convention on Refugees, refuse the application of any person applying for status as a refugee, if the Commissioner has reasonable grounds to believe that the applicant has committed or is involved in the commission of a terrorist act. Section 48(2) In this section, "refugee" has the meaning assigned to it under the Refugees Act ( Cap. 173 ).
Section 48Verify source
§ 49MISCELLANEOUS - 49. Compensation of Victims of Terrorism FundProvision

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.

Section 49. Compensation of Victims of Terrorism Fund Section 49(1) There is established a fund to be known as the Compensation of Victims of Terrorism Fund. Section 49(2)(a) such moneys as may be realized from any property forfeited to the State under this Act; Section 49(2)(b) grants, gifts, donations or bequests received by the Fund with the approval of the Cabinet Secretary; and Section 49(2)(c) such other moneys as may be payable to, or vested in, the Fund by virtue of any other written law. Section 49(3) Where any immovable property is assigned to the Fund under subsection (2)(a), the State shall deal with the property in such manner as it considers fit and may sell the property and use the proceeds of sale for the purposes for which the Fund is established. Section 49(4) Subject to this section, the Cabinet Secretary may, by regulations, provide for the management and administration of the Fund and for anything incidental to or connected therewith.
Section 49Verify source
§ 50MISCELLANEOUS - 50. Power to make rulesOffence

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).

Section 50. Power to make rules Section 50(1) The Cabinet Secretary may make Regulations in respect of which regulations are required or authorised by this Act. Section 50(2) Where the Security Council of the United Nations decides, in pursuance of Article 41 of the Charter of the United Nations, on the measures to be employed to give effect to any of its decisions and calls upon member States to apply those measures, the Cabinet Secretary may by regulations make such previsions as may be necessary or expedient to enable those measures to be applied. Section 50(3) Where a regulation under subsection (2) declares that there are reasonable grounds to believe that an entity specified in that regulation is engaged in terrorist activity, that entity shall be deemed with effect from the date of publication of the regulation to have been declared a specified entity under section 3 of the Act. Section 50(4)(a) in the case of a natural person, imprisonment for a term not exceeding ten years; and Section 50(4)(b) in the case of a legal person, a fine not exceeding twenty million shillings.
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Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

G–M

1 instrument

  • Kenya Citizenship and Immigration Act

    Section 47

N–S

2 instruments

  • National Strategy and Act

    Section 40E

  • Proceeds of Crime and Anti-Money Laundering Act

    Section 42A

T–Z

2 instruments

  • Terrorism Act

    Section 1

  • Terrorism Inter-Ministerial Committee established under section 40D (1) of this Act

    Section 2

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  • 20 Jun 2025 · currentEnglish

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