Kenya Act or statute

Parliament of Kenya

Kenya Coast Guard Service Act

Jurisdiction: Kenya
Structure: 58 provisions
Citation: Cap. 200
Dates: As at 31 Dec 2022

More statute details

Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This Act may be cited as the Kenya Coast Guard Service Act.”

This Act may be cited as the Kenya Coast Guard Service Act. Defines “chattels or goods” of the Service as items belonging to the Service that have been issued to members of the Service for the purposes of the Service or are held in store to be so issued. The object of this Act is to establish the Kenya Coast Guard Service. The Cabinet Secretary must be responsible for implementing the Act; Section 4 lists guiding principles including professionalism, transparency, human rights compliance, diversity and a gender representation guideline. Establishes the Council of the Kenya Coast Guard Service and lists its members (various Cabinet Secretaries, Attorney‑General, Chiefs of security services and intelligence), and provides functions and signature requirements for decisions.

How the instrument operates

01
Start with the recorded version

As at 31 Dec 2022. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

PRELIMINARY - 1. Short title

This Act may be cited as the Kenya Coast Guard Service Act.

Section 1

ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 20. Vacancy in the office of Director-General

When a vacancy occurs in the office of Director-General, the President must fill the vacancy in accordance with section 17.

Section 20

DISCIPLINE - 30. Prohibition against torture or other cruel, inhuman or degrading treatment

Members of the Service are prohibited from subjecting any person to torture or other cruel, inhuman or degrading treatment.

Section 30

LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 44. Limitation of the right to labour relations

Members of the Service are prohibited from forming, joining, agitating for, participating in a trade union or going on strike.

Section 44

MISCELLANEOUS PROVISIONS - 58. Savings provision

This Act does not negate or diminish any function, duty or power assigned to any other body or organ under any written law.

Section 58

Source and current-law status

Source record view

Source record from new.kenyalaw.org · As at 31 Dec 2022

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 58 of 58 provisions

Provision 39Offence 16Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Kenya Coast Guard Service Act.

Section 1. Short title Section This Act may be cited as the Kenya Coast Guard Service Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines “chattels or goods” of the Service as items belonging to the Service that have been issued to members of the Service for the purposes of the Service or are held in store to be so issued.

Section 2. Interpretation Section any chattels or goods of any description belonging to the Service which have been issued to members of the Service for the purposes of the Service or are held in store for the purpose of being so issued to members of the Service; and

Section 2Verify source

§ 3PRELIMINARY - 3. Object of the ActProvision

The object of this Act is to establish the Kenya Coast Guard Service.

Section 3. Object of the Act Section The object of this Act is to establish the Kenya Coast Guard Service.

Section 3Verify source

§ 4PRELIMINARY - 4. Guiding principlesProvision

The Cabinet Secretary must be responsible for implementing the Act; Section 4 lists guiding principles including professionalism, transparency, human rights compliance, diversity and a gender representation guideline.

Section 4. Guiding principles Section 4(1)(a) strive for the highest standards of professionalism and discipline; Section 4(1)(b) promote and practice transparency; Section 4(1)(c) comply with constitutional standards of human rights and fundamental freedoms; Section 4(1)(d) reflect the diversity of Kenya; and Section 4(1)(e) in so far as it is practicable, ensure that not more than two-thirds of the members of the Service shall be of the same gender. Section 4(2) The Cabinet Secretary shall be responsible for the implementation of the Act.

Section 4Verify source

Part II

ESTABLISHMENT AND FUNCTIONS OF THE SERVICE

§ 10ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 10. Establishment of the Council of the Kenya Coast Guard ServiceProvision

Establishes the Council of the Kenya Coast Guard Service and lists its members (various Cabinet Secretaries, Attorney‑General, Chiefs of security services and intelligence), and provides functions and signature requirements for decisions.

Section 10. Establishment of the Council of the Kenya Coast Guard Service Section 10(1) There is established the Council of the Kenya Coast Guard Service. Section 10(2)(a) the Cabinet Secretary responsible for matters related to internal security, who shall be its Chairperson; Section 10(2)(b) the Cabinet Secretary responsible for matters relating to finance; Section 10(2)(c) the Cabinet Secretary responsible for matters relating to defence; Section 10(2)(d) the Cabinet Secretary responsible for matters relating to transport; Section 10(2)(e) the Cabinet Secretary responsible for matters relating to fisheries; the Cabinet Secretary responsible for matters relating to environment; Section 10(2)(f) the Attorney-General; Section 10(2)(g) the Chief of the Kenya Defence Forces; Section 10(2)(h) the Inspector-General of the National Police Service; and Section 10(2)(i) the Director-General of the National Intelligence Service. Section 10(3)(a) communicating the decisions of the Council; and Section 10(3)(b) performing any other functions that may be assigned by the Council. Section 10(4) The decisions or directions of the Council shall be signified under the hand of the Chairperson and the Director-General.

Section 10Verify source

§ 11ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 11. Functions of the CouncilOffence

Section 11 lists the functions of the Council, including responsibility for policy, receiving reports, reviewing disciplinary penalties on application, budget consideration, personnel decisions, commissioning research, advising the President, and performing other functions; it also allows the Council to delegate certain powers in writing to the Director-General.

Section 11. Functions of the Council Section 11(1)(a) be responsible for the overall policy, control and supervision of the Service; Section 11(1)(b) receive and act on reports submitted to the Council by the Cabinet Secretary, the Director-General and the Technical Committee; Section 11(1)(c) upon application, review penalties imposed on members of the Service after undergoing disciplinary proceedings in accordance with this Act; Section 11(1)(d) receive and consider the budget estimates of the Service; Section 11(1)(e) recruit, transfer or promote members of the Service; Section 11(1)(f) approve the appointments, posting or promotions of senior officers of the Service; Section 11(1)(g) commission research related to the protection of territorial waters; Section 11(1)(h) commission research related to the better functioning of the Service; Section 11(1)(i) advise the President on any matter relating to and affecting the Service; and Section 11(1)(j) perform any other functions conferred by this Act or any other written law. Section 11(2) The Council may, in writing, delegate to the Director-General the power to promote, transfer or retire ratings. Section 11(3)(a) shall be subject to any conditions the Council may impose; Section 11(3)(b) shall not divest the Council of its responsibility concerning the exercise of the delegated power; and Section 11(3)(c) may be withdrawn at any time and, if a delegated power is withdrawn, any decision made by the Director-General in relation to the delegated power may be withdrawn or varied by the Council.

Section 11Verify source

§ 12ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 12. Conduct of the business and affairs of the CouncilProvision

The business and affairs of the Council shall be conducted in accordance with the Second Schedule.

Section 12. Conduct of the business and affairs of the Council Section 12(1) The business and affairs of the Council shall be conducted in accordance with the Second Schedule. Section 12(2) Except as provided in this Act, the Council shall regulate its own procedure. Section 12(3) The Council may permit any other person to attend its meetings and participate in its deliberations but that person shall not participate in the making of any of its decisions.

Section 12Verify source

§ 13ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 13. Establishment of the Technical Committee of the Kenya Coast Guard ServiceProvision

Establishes the Technical Committee of the Service and lists its membership (Principal Secretaries for specified ministries and several named agency heads, the Chief of the Kenya Defence Forces, the Inspector-General of Police, the Director-General of the National Intelligence Service, the Solicitor-General, and the Director-General as secretary).

Section 13. Establishment of the Technical Committee of the Kenya Coast Guard Service Section 13(1) There is established the Technical Committee of the Service. Section 13(2)(a) the Principal Secretary in the Ministry responsible for matters relating to internal security who shall be its Chairperson; Section 13(2)(b) the Principal Secretary in the Ministry responsible for matters relating to finance; Section 13(2)(c) the Principal Secretary in the Ministry responsible for matters relating to defence; Section 13(2)(d) the Principal Secretary in the Ministry responsible for matters relating to transport; Section 13(2)(e) the Principal Secretary in the Ministry responsible for matters relating to fisheries; Section 13(2)(f) the Principal Secretary in the Ministry responsible for matters relating to the environment; Section 13(2)(fa) the Principal Secretary in the Ministry responsible for matters relating to immigration and citizenship; Section 13(2)(fb) the Principal Secretary in the Ministry responsible for matters relating to shipping and maritime affairs; Section 13(2)(fc) the Director-General of the Kenya Fisheries Services; Section 13(2)(fd) the Director-General of the Kenya Wildlife Service; Section 13(2)(g) the Chief of the Kenya Defence Forces; Section 13(2)(h) the Inspector-General of the National Police Service; Section 13(2)(i) the Director-General of the National Intelligence Service; Section 13(2)(j) the Solicitor-General; Section 13(2)(k) the Director-General of the Kenya Maritime Authority; Section 13(2)(l) the Managing Director of the Kenya Ports Authority; Section 13(2)(m) the Director-General of the Kenya Wildlife Service; and Section 13(2)(n) the Director-General, who shall be the secretary to the Technical Committee.

Section 13Verify source

§ 14ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 14. Functions of the Technical CommitteeProvision

The Technical Committee must advise and recommend on policy and financial matters, oversee management, act on Director-General reports, advise the Director-General when requested, make recommendations to the Council, perform functions conferred by law, and (subject to this Act) report to the Council and regulate its own procedure.

Section 14. Functions of the Technical Committee Section 14(1)(a) advise the Council on policy and financial matters relating to the Service; Section 14(1)(b) oversee the management and administration of the Service; Section 14(1)(c) receive and act on the reports of the Director-General; Section 14(1)(d) on reference to it by the Director-General, advise the Director-General on any matter; Section 14(1)(e) make recommendations to the Council on any matter relating to the functions the Service; and Section 14(1)(f) perform any other function conferred on it by this Act or any other written law. Section 14(2) Subject to the provisions of this Act, the Technical Committee shall report to the Council and regulate its own procedure. [Act No. 20 of 2020 , Sch.]

Section 14Verify source

§ 15ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 15. Director-General of the ServiceProvision

Establishes a Director-General of the Service and sets out the Director-General's responsibilities, including day-to-day management, commanding the uniformed component, resource use, training, annual reporting, overseeing policy implementation, preparing budget estimates three months before year-end, and performing functions conferred by law.

Section 15. Director-General of the Service Section 15(1) There shall be a Director-General of the Service who shall be a State officer within the meaning contemplated in Article 260 of the Constitution. Section 15(2)(a) subject to the general directions of the Council, be responsible for the day to day administration, control and management of the Service; Section 15(2)(b) command the disciplined and uniformed component of the Service; Section 15(2)(c) be responsible for the effective utilisation of the resources of the Service; Section 15(2)(d) be responsible for the training, education and deployment of the members of the Service; Section 15(2)(e) at least once in each year, prepare and submit to the Council a report on the activities of the Service; Section 15(2)(f) oversee the implementation of the policies of the Service; Section 15(2)(g) at least three months before the end of the financial year, prepare and submit to the Council the budget estimates of the Service for its consideration; and Section 15(2)(h) perform any other functions conferred by this Act or any other written law.

Section 15Verify source

§ 16ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 16. Director-General may delegate powers or functionsProvision

The Director-General may, in writing, delegate functions or powers to a member of the service, may impose conditions, remains responsible for delegated actions, and may withdraw delegations and any decisions made under them.

Section 16. Director-General may delegate powers or functions Section 16(1) The Director-General may, in writing, delegate the performance of any function or exercise of a power conferred on him or her by this Act or any other written law to a member of the service. Section 16(2)(a) shall be subject to any conditions the Director-General may impose; Section 16(2)(b) shall not relieve the Director-General of responsibility concerning the exercise of the delegated function or performance of the delegated power; and Section 16(2)(c) may be withdrawn at any time and, if the delegated power is withdrawn, any decision made by the member of the service to whom the performance of the function or exercise of the power has been delegated may be withdrawn or varied by the Director-General. Section 16(3) The Director-General shall not assign the performance of a function or exercise of a power that is exercisable by an officer of a specific rank, seniority or qualification to an officer who does not hold a rank, seniority or qualification that is not contemplated by this Act or any other written law.

Section 16Verify source

§ 17ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 17. Appointment of Director-GeneralOffence

The President must appoint a qualified person to be the Director-General.

Section 17. Appointment of Director-General Section 17(1) The President shall appoint a qualified person to be the Director-General. Section 17(2)(a) is a Kenyan citizen; Section 17(2)(b) is or has been a member of, or an officer serving in, a national security organ; Section 17(2)(c) is not a member of the National Assembly or Senate; Section 17(2)(d) is not a member of a county assembly; Section 17(2)(e) is not a Governor or Deputy Governor; Section 17(2)(f) has not served as a member of the National Assembly, Senate, a county assembly, trade union or an office in a political party in the preceding ten years; Section 17(2)(g) has not been convicted of any criminal offence; Section 17(2)(h) has not been dishonourably discharged from a national security organ; Section 17(2)(i) has not been otherwise dismissed from any office in the public service; and Section 17(2)(j) is not an undischarged bankrupt.

Section 17Verify source

§ 18ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 18. Term of office of Director-GeneralProvision

A person appointed as Director-General serves a single, non-renewable four-year term.

Section 18. Term of office of Director-General Section A person appointed as the Director-General shall serve for a term of four years and the term shall be non-renewable.

Section 18Verify source

§ 19ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 19. Retirement or redeployment of Director-GeneralProvision

The President may remove, retire or redeploy the Director-General before the expiry of the Director-General's tenure.

Section 19. Retirement or redeployment of Director-General Section The President may remove, retire or redeploy the Director-General at any time before the expiry of his or her tenure.

Section 19Verify source

§ 20ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 20. Vacancy in the office of Director-GeneralProvision

When a vacancy occurs in the office of Director-General, the President must fill the vacancy in accordance with section 17.

Section 20. Vacancy in the office of Director-General Section 20(1)(a) dies; Section 20(1)(b) resigns from office in writing to the President; or Section 20(1)(c) is removed or retired from office by the President. Section 20(2) Where a vacancy occurs in the office of Director-General, the President shall fill the vacancy in accordance with the provisions of section 17 .

Section 20Verify source

§ 21ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 21. Oath of office by Director-GeneralProvision

A person appointed as Director-General must, on appointment, take and subscribe to the oath of office set out in the Third Schedule.

Section 21. Oath of office by Director-General Section A person appointed as Director-General shall, on his or her appointment, take and subscribe to the oath of office set out in the Third Schedule.

Section 21Verify source

§ 22ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 22. Recruitment, transfer, promotion or retirement of members of the ServiceProvision

Section 22 requires the Council to develop recruitment, promotion, transfer and retirement criteria for Service members (in consultation with the Public Service Commission), to comply with the Constitution when doing so; allows the Council to appoint public officers or agencies to recruit; and requires new members to take the oath in the Third Schedule before an officer of rank not lower than Sub-Lieutenant.

Section 22. Recruitment, transfer, promotion or retirement of members of the Service Section 22(1) The Council shall, in consultation with the Public Service Commission, develop the criteria for the recruitment, promotion, transfer and retirement of members of the Service. Section 22(2) The Council shall comply with the provisions of the Constitution in the development of the criteria for the recruitment, promotion, transfer and retirement of members of the Service. Section 22(3) The Council may appoint a suitable public officer, public institution or public agency for the purposes of the recruitment of the members of the Service. Section 22(4) Every person recruited to and appointed as a member of the Service shall, on his or her appointment, take and subscribe to the oath of office set out in the Third Schedule. Section 22(5) The oath of office taken or subscribed to by a member of the Service shall be taken and subscribed to before an officer of a rank not lower than that of a Sub-Lieutenant.

Section 22Verify source

§ 23ProvisionProvision

The Salaries and Remuneration Commission must set and regularly review the Director-General's pay and benefits; the Council must determine pay and benefits for other members on the Commission's advice; and the Council must determine other terms of service in consultation with the Public Service Commission.

Section 23. Terms and conditions of service for members of the Service Section 23(1) The Salaries and Remuneration Commission shall, in accordance with the provisions of Article 230(4) of the Constitution, set and regularly review the remuneration and benefits of the Director-General. Section 23(2) The Council shall, on the advice of the Salaries and Remuneration Commission, determine the remuneration and benefits of the members of the Service other than those of the Director-General. Section 23(3) The Council shall, in consultation with the Public Service Commission, determine any other terms and conditions of service for the members of the Service.

Section 23Verify source

§ 5ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 5. Establishment of the Kenya Coast Guard ServiceProvision

Establishes the Kenya Coast Guard Service.

Section 5. Establishment of the Kenya Coast Guard Service Section 5(1) There is established a service to be known as the Kenya Coast Guard Service. Section 5(2) The composition and command of the Service shall reflect the diversity of Kenya.

Section 5Verify source

§ 6ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 6. Composition of the ServiceProvision

Members of the Service must execute all lawful orders from the Director-General or any higher-ranking member of the Service.

Section 6. Composition of the Service Section 6(1)(a) the disciplined and uniformed component; and Section 6(1)(b) the civilian component. Section 6(2)(a) members who shall be seconded to the Service from national security organs, para-military organizations; and Section 6(2)(b) members who shall be recruited into the Service from among persons who may have retired early from or otherwise honourably left the service of national security organs. Section 6(3)(a) members who shall be seconded to the Service from the public service: Provided that the members seconded to the Service shall not be seconded by national security organs; and Section 6(3)(b) members who shall be recruited into the Service. Section 6(4) Each member of the Service shall execute all lawful orders of the Director-General or any other member of the Service surpassing such member in rank or qualification. [Act No. 20 of 2020 , Sch.]

Section 6Verify source

§ 7ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 7. Determination of the strength of the ServiceAmendment

Gives the National Security Council the duty to determine and review the Service's maximum membership; specifies ranks and seniority for the disciplined component; allows the Cabinet Secretary, with Council approval and notice in the Gazette, to amend ranks; and requires the Service to establish units as the Council determines.

Section 7. Determination of the strength of the Service Section 7(1) The National Security Council shall determine and review the maximum number of members of the Service. Section 7(2) The disciplined and uniformed component of the Service shall consist of officers and ratings of the ranks specified in the First Schedule. Section 7(3) The officers and ratings of the disciplined and uniformed component shall have seniority according to the ranks specified in the First Schedule. Section 7(3A) The Cabinet Secretary may by notice in the Gazette and with the approval of the Council, amend the ranks specified in the First Schedule. Section 7(4) The Service shall establish such operational units, support units and formations as the Council may determine. [Act No. 20 of 2020 , Sch.]

Section 7Verify source

§ 8ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 8. Functions of the ServiceProvision

Section 8 lists the functions of the Service, requires the Service to co-operate with and assist other public authorities during emergencies or disasters in territorial waters, and allows the National Security Council to deploy the Service's disciplined and uniformed component to support the Kenya Defence Forces in times of war.

Section 8. Functions of the Service Section 8(1)(a) to enforce maritime security and safety; Section 8(1)(b) to enforce pollution control; Section 8(1)(c) to enforce prevention of trafficking of the narcotic drugs, prohibited plants and psychotropic substances; Section 8(1)(d) to enforce prevention of trafficking of illegal goods; Section 8(1)(e) to enforce prevention of trafficking of illegal firearms and ammunitions; Section 8(1)(f) to enforce sanitation measures; Section 8(1)(g) to prosecute maritime offenders; Section 8(1)(h) for port and coastal security; Section 8(1)(i) for search and rescue; Section 8(1)(j) for the protection of maritime resources including fisheries; Section 8(1)(k) for the protection of archaeological or historical objects or sites; and Section 8(1)(l) to perform any other function that may be conferred by this Act or any other written law. Section 8(2) The Service shall co-operate with and assist other public authorities during emergencies or disasters or in the execution of those public authorities' mandates in the territorial waters. Section 8(3) The National Security Council may deploy the disciplined and uniformed component of the Service to support the Kenya Defence Forces in times of war.

Section 8Verify source

§ 9ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 9. Powers of the ServiceOffence

The Service has broad powers to perform its functions, including stopping, searching, seizing, investigating, arresting (with handover to police), conducting research, recording statements, assisting environmental protection, and expelling vessels or aircraft; it must not interfere with innocent passage.

Section 9. Powers of the Service Section 9(1) The Service shall have the power to do all the things necessary for the performance of its functions under this Act or any other written law. Section 9(2)(a) receive and consider any report of the commission of an offence; Section 9(2)(b) stop, enter, board, inspect or search any structure, place, vessel or aircraft engaged in or suspected to be engaged in any unlawful activity; Section 9(2)(c) seize or detain any vessel or aircraft engaged in or suspected to be engaged in any unlawful activity; Section 9(2)(d) demand the production of any licence, permit, record or any other relevant document and to examine such licence, permit, record or document or make copies or take extracts from such licence, permit, record or document; Section 9(2)(e) investigate any offence which it has reason to believe is being committed, is about to be committed or has been committed; Section 9(2)(f) exercise the right of hot pursuit; Section 9(2)(g) examine and seize any fish, article, device, goods, vessel, aircraft or any other item it has reason to believe is connected to the commission of an offence; Section 9(2)(h) subject to the provisions of this Act or any other written law, dispose of any fish, article, device, goods, vessel, aircraft or any other item that is connected to the commission of an offence; Section 9(2)(i) arrest any person who it has reason to believe has committed an offence: Provided that the arrested person shall be handed over to a member of the National Police Service as soon as is practicable; Section 9(2)(j) conduct research or any study necessary for the performance of its functions; Section 9(2)(k) record statements or make inquiries, inspections or examinations as may be necessary under this Act or any other written law; Section 9(2)(l) assist in environmental protection; and Section 9(2)(m) expel any vessel or aircraft whose presence in the territorial waters is detrimental to the national interests of Kenya or is likely to endanger order and safety in the territorial waters. Section 9(3) The Service shall not stop, enter, board, search, inspect or detain a vessel or aircraft in the territorial waters if the passage of the vessel or aircraft in the territorial waters is innocent passage. Section 9(4) For the purposes of this section, "innocent passage" means passage in the territorial waters that is not prejudicial to the peace, good order or security of Kenya. Section 9(5)(a) a threat or the use of force against the sovereignty, territorial integrity or independence of Kenya; Section 9(5)(b) any act which is in any way a violation of the principles of international law; Section 9(5)(c) any unlawful exercise or practice with weapons of any kind; Section 9(5)(d) any act aimed at collecting information whose collection is prejudicial to the defence or security of Kenya; Section 9(5)(e) propaganda aimed at affecting the peace, defence or security of Kenya; Section 9(5)(f) the unlawful launching, landing or taking on board of any military device; Section 9(5)(g) the loading or offloading of any commodity, currency or person contrary to the provisions of this Act or any other written law; Section 9(5)(h) any act of pollution of the marine environment; Section 9(5)(i) the conducting of unauthorised research or survey activities; Section 9(5)(j) illegal fishing activities; Section 9(5)(k) the trafficking of arms, persons, narcotic drugs, psychotropic substances or prohibited plants; Section 9(5)(l) any act aimed at interfering with any systems of communication or any other facilities or installations of Kenya; or Section 9(5)(m) any activity not having a direct bearing on the passage by any vessel or aircraft in the territorial waters.

Section 9Verify source

Part III

DISCIPLINE

§ 24DISCIPLINE - 24. Disciplinary offencesOffence

Members of the disciplined and uniformed component of the Service are subject to this Part; certain acts in the Fourth Schedule are disciplinary offences; members who commit offences under other laws may face court proceedings; the Director-General (or authorised officer) may take disciplinary action.

Section 24. Disciplinary offences Section 24(1) Every member of the disciplined and uniformed component of the Service shall be subject to the provisions of this Part. Section 24(2) A member of the disciplined and uniformed component of the Service who commits any of the acts set out in the Fourth Schedule commits an offence against discipline. Section 24(3) A member of the disciplined and uniformed component of the Service who commits an offence under any other written law shall be liable to proceedings in a court of law in accordance with the provisions of the law under which the offence was committed. Section 24(4) Despite the provisions of subsection (3), the Director-General or an officer authorised in writing by the Director-General may take such disciplinary action as may be appropriate in the circumstances against a member of the disciplined and uniformed component of the Service who has been accused of having committed an offence under this Act or any other written law.

Section 24Verify source

§ 25DISCIPLINE - 25. Penalties for disciplinary offencesOffence

Section 25 lists possible disciplinary penalties, requires the Director-General to confirm certain severe penalties and to submit procedural rules to the Council, allows an accused member to be accompanied during proceedings with a rank limitation on the accompanying officer.

Section 25. Penalties for disciplinary offences Section 25(1)(a) a reprimand; Section 25(1)(b) suspension from duty; Section 25(1)(c) an order to pay restitution; Section 25(1)(d) stoppage of salary increments by the Director-General or officer authorised in writing by the Director-General for a period that shall not exceed one year; Section 25(1)(e) reduction in rank; Section 25(1)(f) dismissal from service; or Section 25(1)(g) any combination of the penalties set out in this subsection. Section 25(2) The Director-General shall confirm the penalty of reduction in rank or dismissal from service if the penalty was imposed by an officer authorised by the Director-General in accordance with this Act. Section 25(3)(a) the name of the member of the Service against whom the penalty has been imposed; Section 25(3)(b) the nature of the offence; Section 25(3)(c) the date or dates, if known, when the offence was committed; Section 25(3)(d) the penalty imposed; and Section 25(3)(e) the date the penalty was imposed. Section 25(4) The Director-General shall submit to the Council for approval rules for the procedures to be followed during disciplinary proceedings against a member of the disciplined and uniformed component of the Service accused of committing an offence against discipline. Section 25(5) A member of the disciplined and uniformed component of the Service accused of committing an offence against discipline may, during disciplinary proceedings, be accompanied by an officer of the member's choice for assistance and support: Provided that the officer accompanying the accused member shall not be of a rank superior to or of greater qualifications than the officer in charge of the disciplinary proceedings. Section 25(6)(a) to the Council if the penalty was imposed by the Director-General; or Section 25(6)(b) to the Director-General if the penalty was imposed by an officer authorised by the Director-General.

Section 25Verify source

§ 26DISCIPLINE - 26. Power to summon witnessesProvision

Section 26 gives power to summon witnesses and to require production of relevant documents, and describes consequences if a summoned member of the Service fails to attend, refuses to answer, or fails without reasonable cause to produce documents.

Section 26. Power to summon witnesses Section 26(1)(a) summon and examine any member of the Service on oath or affirmation; or Section 26(1)(b) require the production of relevant documents by any member of the Service. Section 26(2)(a) he or she fails or refuses to attend at the time and place specified in the summons or, having attended, refuses to answer any questions that are lawfully put to him or her; or Section 26(2)(b) he or she fails without reasonable cause to produce any relevant document:

Section 26Verify source

§ 27DISCIPLINE - 27. Recovery of fines by deduction from salaryProvision

Fines imposed on members of the disciplined and uniformed component of the Service may be recovered from their monthly salary, but total deductions for outstanding fines cannot exceed one-fourth of the member's monthly salary.

Section 27. Recovery of fines by deduction from salary Section 27(1) A fine imposed on a member of the disciplined and uniformed component of the Service in accordance with the provisions of section 25 shall be recoverable from the monthly salary payable to that member. Section 27(2) Despite the provisions of subsection (1), a deduction or the aggregate of deductions if there is more than one fine outstanding at the same time from the monthly salary of a member of the Service shall not exceed more than one-fourth of the monthly salary payable to the member.

Section 27Verify source

§ 28DISCIPLINE - 28. Loss or damage to property to be made good by recovery from salaryOffence

Members who pawn, sell, lose by negligence, make away with, or wilfully or negligently damage any firearm, ammunition, accoutrement or uniform commit an offence and are liable to penalties in section 25(1).

Section 28. Loss or damage to property to be made good by recovery from salary Section 28(1)(a) entrusted to him or her; Section 28(1)(b) is in the lawful custody of the Service and supplied to him or her; or Section 28(1)(c) seized or taken charge of by him or her; Section 28(2) Despite the provisions of subsection (1), any member of the disciplined and uniformed component of the Service who pawns, sells, loses by negligence, makes away with, or wilfully or negligently damages any firearm, ammunition, accoutrement or uniform commits an offence against discipline and shall be liable to any penalty or combination of penalties set out in section 25 (1).

Section 28Verify source

§ 29DISCIPLINE - 29. Desertion or absence without leave by members of the ServiceProvision

Police officers may arrest someone they reasonably suspect has deserted or is absent without leave and bring them before a magistrate; the magistrate must deliver admitted deserters to the Service for disciplinary action, must consider evidence when admissions are disputed, may discharge the accused but must not do so if the accused is in custody for another lawful reason.

Section 29. Desertion or absence without leave by members of the Service Section 29(1) A police officer may, on the reasonable suspicion that a person has deserted the Service or is absent without leave from the Service, arrest that person and take him or her before a magistrate having jurisdiction in the area in which the person was arrested. Section 29(2) If a person arrested under subsection (1) admits to have deserted the Service or is absent without leave from the Service and the magistrate is satisfied of the truth of the admission, the magistrate shall cause the person to be delivered to the Service for disciplinary action. Section 29(3) If a person arrested under subsection (1) refuses to admit to having deserted the Service or to being absent without leave from the Service or if the magistrate is not satisfied with the admission made in accordance with subsection (2), the magistrate shall consider any evidence and any statement of the accused and may discharge the accused: Provided that the magistrate shall not discharge the accused if the accused is in custody for any other lawful reason.

Section 29Verify source

§ 30DISCIPLINE - 30. Prohibition against torture or other cruel, inhuman or degrading treatmentOffence

Members of the Service are prohibited from subjecting any person to torture or other cruel, inhuman or degrading treatment.

Section 30. Prohibition against torture or other cruel, inhuman or degrading treatment Section 30(1) A member of the Service shall not subject any person to torture or other cruel, inhuman or degrading treatment. Section 30(2) A member of the Service who subjects another person to torture commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding twenty-five years. Section 30(3) A member of the Service who subjects another person to cruel, inhuman or degrading treatment commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding fifteen years.

Section 30Verify source

Part IV

OFFENCES GENERALLY

§ 31OFFENCES GENERALLY - 31. Application of this PartOffence

This Part applies to any person who is not a member of the Service; persons accused under this Part shall be tried by a subordinate court.

Section 31. Application of this Part Section 31(1) This Part shall apply to any person who is not a member of the Service. Section 31(2) A person accused of an offence under this Part shall be tried by a subordinate court.

Section 31Verify source

§ 32OFFENCES GENERALLY - 32. Obstructing an officerOffence

It is an offence to assault, resist, wilfully obstruct or induce a member of the Service to neglect duty, breach discipline, or evade a lawful order; conviction can lead to up to three years' imprisonment.

Section 32. Obstructing an officer Section 32(1)(a) assaults, resists or wilfully obstructs a member of the Service in the performance of his or her duties or any person acting in aid of the member of the Service; Section 32(1)(b) induces or does any act calculated to induce a member of the Service to neglect or act contrary to duty as a member of the Service; or Section 32(1)(c) induces or does any act calculated to induce a member of the Service to commit a breach of discipline or an act whereby a lawful order given to the member of the Service or any law with which it is the duty of the member of the Service to comply with may be evaded or infringed, as the case may be. Section 32(2) A person convicted of an offence under subsection (1) shall be liable, on conviction, to imprisonment for a term not exceeding three years.

Section 32Verify source

§ 33OFFENCES GENERALLY - 33. Procuring or assisting in the desertion of a member of the ServiceOffence

It is an offence for a person to procure, assist, conceal, or rescue a member of the Service who deserts or is absent without leave; conviction may lead to imprisonment for up to one year.

Section 33. Procuring or assisting in the desertion of a member of the Service Section 33(1)(a) procures or persuades a member of the Service to desert or be absent without leave from the Service; Section 33(1)(b) knowing that a member of the Service is about to desert or be absent without leave from the Service, assists that member of the Service; or Section 33(1)(c) knowing that a person has deserted or is absent without leave from the Service, conceals the member of the service, assists in the concealment of the member, rescues that member from custody or assists in the rescue of that member from custody. Section 33(2) A person convicted of an offence under subsection (1) shall be liable, on conviction, to imprisonment for a term not exceeding one year.

Section 33Verify source

§ 34OFFENCES GENERALLY - 34. Unlawful purchase of Service storeOffence

It is an offence for any person to acquire, solicit, procure disposal of, or act in disposing Service stores; on conviction the offender may be imprisoned for up to two years; subsection (2) provides a defence if the person proves lawful acquisition after disposal by order or consent of the Service or an authorised person.

Section 34. Unlawful purchase of Service store Section 34(1) Any person who acquires any Service stores, solicits or procures any person to dispose of Service stores or acts for any person in the disposing of Service stores commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding two years. Section 34(2) A person shall not be liable under subsection (1) if that person proves that the chattels in his or her possession were acquired lawfully after they had been disposed of by the order or the consent of the Service or of some other authorised person or authority who had or he or she had reasonable cause to believe had authority to give such order or consent.

Section 34Verify source

§ 35OFFENCES GENERALLY - 35. Unauthorised use of or dealing in uniform, decorations, etc, of the ServiceOffence

It is an offence for a person to use, wear, deal in, or falsely represent Service uniforms, decorations, badges or insignia; conviction may lead to up to one year imprisonment; wearing medals, brooches or ornaments representing Service badges is not prohibited.

Section 35. Unauthorised use of or dealing in uniform, decorations, etc, of the Service Section 35(1)(a) without lawful authority, uses or wears any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem supplied or authorised by the President or the Council; Section 35(1)(b) uses or wears a uniform, decoration, badge or insignia of rank, wound stripe or emblem so nearly resembling any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem as to be calculated to deceive; Section 35(1)(c) falsely presents himself or herself as a person who is or has been entitled to use or wear any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem; or Section 35(1)(d) purchases or takes in pawn, solicits or procures any person to sell or pledge or acts for any person in the selling or pledging of any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem awarded to a member of the disciplined and uniformed component of the Service. Section 35(2) A person convicted of an offence under subsection (1) shall be liable to imprisonment for a term not exceeding one year. Section 35(3) Despite the provisions of subsections (1)(a), (b) or (c), a person shall not be prohibited from wearing medals, brooches or ornaments representing Service badges.

Section 35Verify source

§ 36OFFENCES GENERALLY - 36. Interference with aids to navigation, etc.Offence

It is an offence for a person to interfere with aids to navigation established, managed or maintained by the Service, or to set up such aids without the Service's prior written approval or in breach of specified terms; a person convicted faces up to one year imprisonment.

Section 36. Interference with aids to navigation, etc. Section 36(1)(a) interferes with an aid to navigation established, managed or maintained by the Service; or Section 36(1)(b) sets up an aid to navigation without the prior written approval or in breach of any term or condition specified by the Service in the erection of an aid to navigation for the Service. Section 36(2) A person convicted of an offence under subsection (1) shall be liable to imprisonment for a term not exceeding one year.

Section 36Verify source

§ 37OFFENCES GENERALLY - 37. Prohibition on use of "Kenya Coast Guard Service"Offence

A person who is not a member of the Service must not use the words "Kenya Coast Guard Service" (or similar) in trade or advertising in a way that would make the public think they are connected with the Service; doing so is an offence punishable by up to one year imprisonment.

Section 37. Prohibition on use of "Kenya Coast Guard Service" Section A person who is not a member of the service but uses the words "Kenya Coast Guard Service" or any combination thereof for the purposes of any trade or by way of any advertisement in a manner that is likely to induce any person or the general public to believe that he or she has any connection with or the patronage of the Service commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year.

Section 37Verify source

Part V

LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS

§ 38LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 38. Application of this PartProvision

This Part applies to all members of the Service.

Section 38. Application of this Part Section This Part shall apply to all members of the Service.

Section 38Verify source

§ 39LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 39. Conditions for the limitation of rights or fundamental freedomsProvision

Lists specific permissible grounds and conditions under which rights or fundamental freedoms may be limited for the Service.

Section 39. Conditions for the limitation of rights or fundamental freedoms Section 39(1)(a) the protection of classified information; Section 39(1)(b) the maintenance and preservation of national security; Section 39(1)(c) the maintenance of the security and safety of members of the Service; Section 39(1)(d) that the enjoyment of a right or a fundamental freedom by a member of the Service does not prejudice the enjoyment of a right or fundamental freedom by another member; Section 39(1)(e) good order and discipline in the Service; and Section 39(1)(f) public health and safety. Section 39(2)(a) ensure the protection of national security, public safety, public order, public health or morals; Section 39(2)(b) the protection of the rights and fundamental freedoms of others; Section 39(2)(c) be necessary to achieve the purposes and objectives of the Service; Section 39(2)(d) be applied without discrimination; and Section 39(2)(e) not impair the essence of the right or fundamental freedom being limited.

Section 39Verify source

§ 40LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 40. Limitation of right to privacyOffence

Section 40 limits members' privacy by permitting searches of home or property in Service bases or establishments, seizure of possessions, requirement to reveal family or private information, and investigation or interference with communications; subsection (2) permits limitation under (1)(c) where a member commits or is reasonably suspected of committing an offence under this Act or any other written law.

Section 40. Limitation of right to privacy Section 40(1)(a) the member's home or property within any Service base or Service establishment is to be searched; Section 40(1)(b) the member's possessions are to be seized; Section 40(1)(c) information relating to the member's family or private affairs is required to be revealed; or Section 40(1)(d) the member's communications are to be investigated or interfered with. Section 40(2) A limitation of the right of a member of the Service to privacy under subsection (1)(c) shall be made where the member commits or is reasonably suspected of having committed an offence under this Act or any other written law.

Section 40Verify source

§ 41LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 41. Limitation of the right to access informationProvision

The right of access to information may be limited for classified information or information in the custody of the Service.

Section 41. Limitation of the right to access information Section 41(1) The right of access to information as provided for in Article 35(1) of the Constitution may be limited in respect of classified information or information in the custody of the Service. Section 41(2)(a) any demand to furnish an unauthorised person with classified information; Section 41(2)(b) any disclosure or publishing of information the disclosure or publishing of which would be prejudicial to national security; or Section 41(2)(c) any disclosure or publishing of information relating to the operational plans of the Service. Section 41(3) For the purposes of this section, "classified information" includes any information whose disclosure or publishing would prejudice national security and includes information on Service strategy, doctrine, capability, capacity or deployment. Section 41(4)(a) top secret information; Section 41(4)(b) secret information; Section 41(4)(c) confidential information; and Section 41(4)(d) restricted information.

Section 41Verify source

§ 42LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 42. Limitation of the freedom of associationProvision

Members of the Service are prohibited from joining or participating in activities of an association as prescribed by regulations, but subsection (2) exempts membership in professional associations.

Section 42. Limitation of the freedom of association Section 42(1) Despite the provisions of Article 36 of the Constitution in relation to the freedom of association, a member of the Service shall not join or participate in the activities of an association as may be prescribed in regulations made under this Act. Section 42(2) Subsection (1) shall not apply to the membership of a member of the service in, or the participation of that member in the activities of, professional associations.

Section 42Verify source

§ 43LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 43. Limitation of the right to assembly, demonstration, picketing and petitionProvision

Members of the Service are prohibited from assembling, demonstrating, picketing or petitioning public authorities.

Section 43. Limitation of the right to assembly, demonstration, picketing and petition Section Despite the provisions of Article 37 of the Constitution in relation to the right of members of the Service to assemble, demonstrate, picket or petition public authorities, a member of the service shall not assemble, demonstrate, picket or petition public authorities.

Section 43Verify source

§ 44LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 44. Limitation of the right to labour relationsProvision

Members of the Service are prohibited from forming, joining, agitating for, participating in a trade union or going on strike.

Section 44. Limitation of the right to labour relations Section Despite the provisions of Article 41 in relation to the right to fair labour relations, a member of the Service shall not form, join, agitate for or participate in the activities of a trade union or go on strike.

Section 44Verify source

§ 45LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 45. Limitation of economic and social rightsProvision

The economic and social rights in Article 43 may be limited, in respect of a member of the Service, as prescribed by regulations under this Act to the extent necessary for training of members or for the operations of the Service.

Section 45. Limitation of economic and social rights Section The economic and social rights set out in Article 43 of the Constitution may, in respect of a member of the Service, be limited, as prescribed by regulations made under this Act, to the extent necessary for the training of members of the Service or for the operations of the Service.

Section 45Verify source

Part VI

FINANCIAL PROVISIONS

§ 46FINANCIAL PROVISIONS - 46. Funds of the ServiceProvision

Funds of the Service are monies appropriated by Parliament for the purposes of the Service.

Section 46. Funds of the Service Section monies appropriated by Parliament for the purposes of the Service;

Section 46Verify source

§ 47FINANCIAL PROVISIONS - 47. Accounts and auditProvision

The accounting officer in the ministry must submit the Service's accounts for the financial year to the Auditor‑General within three months after the end of the financial year for audit and reporting.

Section 47. Accounts and audit Section 47(1) The books and records of account of the income, expenditure, assets and liabilities of the Service shall be kept and maintained in accordance with the Public Finance Management Act (Cap. 412A). Section 47(2) Within three months after the end of the financial year, the accounting officer in the ministry shall submit to the Auditor-General the accounts of the Service in respect of that financial year to be audited and reported on. Section 47(3) The accounts of the Service shall be audited and reported on in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Audit Act (Cap. 412B).

Section 47Verify source

Part VII

MISCELLANEOUS PROVISIONS

§ 48MISCELLANEOUS PROVISIONS - 48. Uniforms of the ServiceProvision

The Council must, by notice in the Gazette, specify and designate uniforms for members of the Service.

Section 48. Uniforms of the Service Section The Council shall, by notice in the Gazette, specify and designate uniforms for the members of the Service.

Section 48Verify source

§ 49MISCELLANEOUS PROVISIONS - 49. Exemption from execution against public propertyProvision

Service property in the possession of a member who is subject to a judgment, decree or order is exempt from enforcement by levying execution.

Section 49. Exemption from execution against public property Section A judgment, decree or order given or made against a member of the Service shall not be enforced by the levying of execution on any property of the Service or for which the Service is responsible in the possession of the member against whom the judgement, decree or order was made.

Section 49Verify source

§ 50MISCELLANEOUS PROVISIONS - 50. Next of kin, etc. of members of ServiceProvision

Members of the disciplined and uniformed component must provide and keep updated their place of residence and next-of-kin details; the Service must record and update those details in a register.

Section 50. Next of kin, etc. of members of Service Section 50(1) Every member of the disciplined and uniformed component of the Service shall, on being recruited and appointed by the Service, give the particulars of the place, district and county in which the member ordinarily resides and the name and address of the member's next of kin and those particulars shall be recorded in a register kept and maintained by the Service for that purpose. Section 50(2) Where there is a change in the particulars recorded under subsection (1), the member shall notify the Service of the change and the Service shall make the necessary changes in the register.

Section 50Verify source

§ 51MISCELLANEOUS PROVISIONS - 51. Uniforms and decorations not part of estate of members of ServiceProvision

On a member's death, uniforms and decorations do not form part of the member's estate and must be delivered to the Director-General to be disposed of as regulations prescribe.

Section 51. Uniforms and decorations not part of estate of members of Service Section The uniforms and decorations issued or authorised to a member of the Service shall not, on the death of that member, form part of the estate of the member in relation to any claim by a creditor or for any of the purposes of the administration of the estate of the member and shall be delivered to the Director-General and thereafter disposed of in the manner prescribed by regulations made under this Act.

Section 51Verify source

§ 52MISCELLANEOUS PROVISIONS - 52. Convening of Boards of InquiryProvision

Section 52 sets out when boards of inquiry may be convened, who may convene them, their duties when directed, their composition and chairing rank, and lists matters that may be referred to them.

Section 52. Convening of Boards of Inquiry Section 52(1)(a) the absence without leave of a member of the disciplined and uniformed component of the Service; Section 52(1)(b) the capture of any member of the Service by an enemy of Kenya; Section 52(1)(c) the death of any member of the Service if an inquiry into the member's death is not required to be held by a civilian authority; or Section 52(1)(d) any other matter that may be prescribed by regulations made under this Act. Section 52(2) A board of inquiry convened under subsection (1) shall, if directed to do so by its convening authority, express an opinion on any question that may arise out of any of the matters referred to the board. Section 52(3) The Director-General or any officer authorised by the Director-General in writing may convene a board of inquiry to investigate and report in any other matter. Section 52(4) A board of inquiry shall consist of a number of members as prescribed by regulations made under this Act and be chaired by an officer of the rank of Lieutenant or of a corresponding rank. Section 52(5) The proceedings and findings of a board of inquiry shall not be admissible against any person in any disciplinary proceedings.

Section 52Verify source

§ 53MISCELLANEOUS PROVISIONS - 53. RedressProvision

Members of the Service who believe they have been wronged may complain in writing to the Director-General; the Director-General must investigate complaints and, if proven, may grant necessary redress.

Section 53. Redress Section 53(1) If any member of the Service thinks he or she has been wronged in any way by member of a superior rank, he or she may complain in writing to the Director-General and seek redress for the wrong. Section 53(2) The Director-General shall, on receiving a complaint under subsection (1), investigate the complaint and if the complaint is proven to be true, may grant any redress which appears to the Director-General to be necessary.

Section 53Verify source

§ 54MISCELLANEOUS PROVISIONS - 54. Secondment from national security organs, the public service, etc.Provision

National security organs, the public service, or other public bodies may second persons to the Service.

Section 54. Secondment from national security organs, the public service, etc. Section 54(1) A national security organ or the public service or any other public body may second persons to the Service. Section 54(2) A person seconded to the Service shall remain a member or employee of the national security organ, public service or other public body, as the case may be, and shall retain all the privileges and liabilities such membership or employment he or she is entitled or subject to.

Section 54Verify source

§ 55MISCELLANEOUS PROVISIONS - 55. Temporary holding areasOffence

The Cabinet Secretary responsible for internal security may, by notice in the Gazette and through the Director-General, designate temporary holding areas (including vessels) for detaining persons suspected of offences under this Act.

Section 55. Temporary holding areas Section The Cabinet Secretary responsible for matters relating to internal security may, by notice in the Gazette and through the Director-General, designate temporary holding areas including vessels for the detention of persons suspected to have committed offences under this Act.

Section 55Verify source

§ 56MISCELLANEOUS PROVISIONS - 56. RegulationsProvision

The Cabinet Secretary must submit to the Public Service Commission for approval any regulations made establishing a disciplinary mechanism for the civilian component of the Service.

Section 56. Regulations Section 56(1)(a) the establishment of a disciplinary mechanism for the members of the civilian component of the Service; Section 56(1)(b) the harmonization of the entry level and rank for the personnel of the Service; Section 56(1)(c) the associations whose membership or activities a member of the Service may not join or participate in; Section 56(1)(d) the economic and social rights of members of the Service that may be limited for the purposes of the training of the members of the Service or the operations of the Service; Section 56(1)(e) the disposal of the uniforms and decorations issued or authorised to deceased members of the Service; and Section 56(1)(f) the convening, procedure and membership of boards of inquiry. Section 56(2) The Cabinet Secretary shall submit to the Public Service Commission for approval any regulations made for the establishment of a disciplinary mechanism for the members of the civilian component of the Service.

Section 56Verify source

§ 57MISCELLANEOUS PROVISIONS - 57. Service Standing OrdersProvision

The Director-General has the power to make standing orders (general, special or routine) for matters relating to the Service.

Section 57. Service Standing Orders Section 57(1) The Director-General may make general, special or routine standing orders with respect to any matter relating to the Service. Section 57(2) Any standing orders made under subsection (1) shall be consistent with the provisions of this Act or any other written law. Section 57(3) Any standing orders made under subsection (1) shall not be published in the Gazette .

Section 57Verify source

§ 58MISCELLANEOUS PROVISIONS - 58. Savings provisionProvision

This Act does not negate or diminish any function, duty or power assigned to any other body or organ under any written law.

Section 58. Savings provision Section Nothing contained in this Act shall be deemed to negate or diminish any function, duty or power assigned to any other body or organ under any written law.

Section 58Verify source

Legislative relationships

6 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.

A–F

2 instruments

Act The object of this Act
Section 3
Council shall be conducted in accordance with the Second Schedule. Section 12(2) Except as provided in this Act
Section 12

N–S

4 instruments

Service after undergoing disciplinary proceedings in accordance with this Act
Section 11
Service shall be kept and maintained in accordance with the Public Finance Management Act
Section 47
Service who has been accused of having committed an offence under this Act
Section 24
Service. Section 56. Regulations
Section 56

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

31 Dec 2022 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.