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.

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.

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

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).

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.

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.

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.

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

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

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

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

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

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.

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.

Establishes the Kenya Coast Guard Service.

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

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 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.

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.

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 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 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.

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.

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).

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.

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

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.

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.

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.

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.

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.

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.

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.

This Part applies to all members of the Service.

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

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.

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

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.

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

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

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.

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

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.

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

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

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.

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 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.

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.

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

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.

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.

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

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