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Kenya's New Anti-terrorism Law Aimed At Stumping Out Alshabaab & Sympathisers by Nobody: 12:02pm On Dec 13, 2014
The amendment to the Security bill, initaited by Kenyas cabinet has been recieved by mixed reactions......
Anyway Bill which is now in parliament; The president has said if any one has a problem with any particula law, they should forward there concerns to parliament and parliament has the right to remove and part of the bill that is bad and leave the good laws...
In my opinoin, some proposed laws are very good while some might lead to abuse especially by police

in summary...

Terrorism charges will no longer be bailable and the Evidence Act has been reviewed to allow admission of digital evidence such as photographs and videos to ensure no evidence is dismissed on technicalities. Courts can also receive oral evidence through teleconferencing

For the first time the National Intelligence Service will not only have powers to arrest suspects, but also run covert operations and “take pre-emptive strikes” ( whatever that means ) to foil terror plots. Inadequate inter-agency co-operation has been blamed for the country’s poor response to attacks. In the past the NIS was only allowed to pass inteligence to police for the police to decide if they will act on it or not..... As a result, a new National Counter Terrorism Centre bringing together the military, the police and the spy agency will co-ordinate counter terrorism efforts between all security agencies.


Other Laws in the proposed security bill include

Penal Code:
-A person who intentionally insults the modesty of any other person by intruding upon that person’s privacy or strips such person, is guilty of a felony and is liable to imprisonment for a term not exceeding 20 years.

Refugee Act:
-Asylum seekers to report on arrival as opposed to the current 30 days’ grace period to report

Restaurants Act:
-Compulsory for managers to record details of visitors and file the report to the police.



Detailed Summary

66A. A person who publishes or causes to be published or distributed obscene, gory or offensive material which is likely to cause fear and alarm
to the general public or disturb public peace is guilty of a felony and is liable, upon conviction, to a fine not exceeding one million shillings or imprisonment for a term not exceeding three years or both, or, where the offence is committed by a media enterprise, to a fine not exceeding five million shillings



128A. A public officer who in the cause of his or her employment─

(a) aids or facilitates the
commission of a
felony;

(b) facilitates the entry of
a criminal into
Kenya; or

(c) conceals the where
abouts of a criminal

is guilty of a felony and is liable, on conviction, to imprisonment for a term of not less than ten years.






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.


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 tothat country to receive training in terrorism.

(3) For the purposes of this section, the Cabinet Secretary may, throughregulations, designate anycountry to be a terroristtraining country.



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.
(3) Notwithstanding subsection (2) any person may publish or broadcast factual information of a general natureto the public.



36A. The National Security Organs may intercept communication for the purposes of detecting, deterring and disrupting terrorism in
accordance with procedures to be prescribed by the Cabinet Secretary.


39A. The Court shall have due regard to the authenticity and accuracy of the evidence presented before it without due regard to technicalities of procedure.


There are many other changes but this are the major one that I came across in the 90 page document



40A. (1) The government is to
established a National CounterTerrorism

Centre, hereinafter
referred to as the “Centre” which
shall be an inter-agency body.

40C. (1) The Centre may
request any person or
government body for any
information relating to terrorism.


4A) Each Police station established
under subsection (1) shall have the function
of maintaining security within its area of
jurisdiction, and shall for that purpose
require that all hotels and other
establishments offering accommodation
facilities maintain a record of all the guests
within their facilities


61A. (1) Where an aircraft is
flown from any unmanned aerodrome
or point within Kenya to another
unmanned aerodrome or point within
Kenya, the Pilot-In-Command of
such aircraft and the operator of such
aerodrome shall be required to
provide such information as the
Cabinet secretary may prescribe from
time to time.

(2) The information under
subsection (1) shall include details of
the flight and the nature of the
operations.
Re: Kenya's New Anti-terrorism Law Aimed At Stumping Out Alshabaab & Sympathisers by Movesz(m): 12:06pm On Dec 13, 2014
NaNSB..
Re: Kenya's New Anti-terrorism Law Aimed At Stumping Out Alshabaab & Sympathisers by Movesz(m): 12:06pm On Dec 13, 2014
NaNSB...

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