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CABINET MEMORANDUM ON THE PROPOSED SUPPRESSION

OF TERRORISM BILL, 2003


1.

PURPOSE
The purpose of this Memorandum is to request the Cabinets
consideration and approval of the Suppression of Terrorism Bill,
2003 and its direction that the Bill be published for introduction in
the National Assembly.

2.

BACKGROUND
In the wake of terrorist attacks in the United States on 11th
September, 2001, Commonwealth Heads of Government issued a
statement on 25th October, 2001 calling for concerted and resolute
action against terrorism and expressing their full commitment to
full implementation of United Nations Resolution 1373.
Kenya is not immune from acts of terrorism, as has been clearly
shown by the destruction of the US Embassy in Nairobi and more
recent terrorist attacks last year in Mombasa. In addition, therefore,
to international commitments, the Government has a direct and
immediate interest in protecting Kenyan citizens from such attacks
and from consequent loss of life and negative impact on the
tourism industry.
The attached Bill has been drafted in light of guidelines drawn up
with the assistance of the Commonwealth Secretariat, developed at
a forum held in Botswana in November, 2002, in which
representatives of Kenya and other Eastern and Southern African
nations were participants. Due regard has also been had to
legislative initiatives already taken in the United Kingdom, the
United States and other jurisdictions, and to the advice of the
Kenyan CID.

3.

OUTLINE OF THE BILL


PART I
This Part names the proposed Act and defines words and
expressions used in the Bill, in particular terrorism.

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PART II
This Part prescribes certain offences involving terrorist activities
such as training persons in the use of weapons for subversive
purposes and directing a terrorist organization.
PART III
This Part permits the Attorney-General, by legal notice, to name
organizations that are believed to be concerned in terrorism. As a
consequence, membership of and actions in support of such
organizations are unlawful and constitute offences under this Part
of the Bill.
PART IV
This Part deals with terrorist property. The expression terrorist
property, defined in clause 13 of the Bill, means property obtained
from terrorist activities (such as ransom moneys) or money from
any source that is held for use for terrorist activities, and includes
money held by an organization that has been designated as a
declared terrorist organization under Part II of the Bill.
The Part includes provisions which
create offences in relation to raising, keeping and laundering
of terrorist money and other property.
protect police operations in relation to terrorist activities and

exonerate from criminal liability persons who disclose to


police the nature of any transactions in which they have been
involved which they have come to believe may involve
terrorist property.
allow terrorist property to be monitored, confiscated and
forfeited.
PART V
This Part provides for the investigation of terrorist activities and
persons who are or may be involved in them. The relevant
provisions
define terrorist and terrorist investigation.

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provide for the issue by a judge of a warrant for the exercise


of search and seizure powers in a terrorist investigation.
confer powers of search and arrest in cases where the
urgency of circumstances in the investigation does not
permit the time to obtain a warrant.
give effect to a schedule that provides powers to obtain
financial information from banks and other financial
institutions.
give effect to a schedule that provides special powers in
connection with the control of entry and exit ports and the
questioning of persons entering or leaving Kenya.
provide for offences in connection with disclosures that
prejudice a terrorist investigation.
provide for detention of persons in connection with a
terrorist investigation.
PART VI
This Part provides for the making of exclusion orders against
individuals whose presence in Kenya is not desirable by reason of
their association with terrorism and provides for punishment of
persons harbouring excluded individuals.
PART VII
This Part provides for co-operation between Kenya and other
nations in relation to the investigation of terrorism and the seizure
of terrorist property. It provides for the furnishing of information
by the Commissioner of Police, the taking in Kenya of evidence
and action at the request of other States and for the making of
similar requests by Kenyan authorities. It further provides for
extradition of terrorists to other states on the basis of a counterterrorist convention to which Kenya and the other state are parties,
whether or not a general extradition agreement exists between
Kenya and that other state.
PART VIII

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This Part amends the laws of Kenya relating to extradition, so as to


include among the lists of extradition offences any offences that,
under the Bill, constitute acts of terrorism.
PART IX
This Part contains general and ancillary provisions, including a
power of the Minister to make rules in aid of the proposed Act and
provisions relating to evidence of orders and directions given under
it.
SCHEDULES
The First Schedule contains provisions relating to forfeiture orders
made under the proposed Act.
The Second Schedule contains provisions relating to obtaining
financial information from financial institutions for the purposes of
a terrorist investigation.
The Third Schedule confers powers on officials in connection with
port and border controls.
The Fourth Schedule makes further provision in respect of
exclusion orders under Part VI of the Bill.
4.

RECOMMENDATIONS
The Cabinet is requested to:
(a)

note the contents of this Memorandum;

(b)

approve the Suppression of Terrorism Bill 2003 annexed to


this Memorandum; and

(c)

authorise the Minister of State for Provincial Administration


and National Security, the Minister for Justice and
Constitutional Affairs and the Attorney-General to publish
the Bill and present it to the National Assembly for debate
and enactment.

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S. Amos Wako

Kiraitu Murungi

Christopher N.
Murungaru

ATTORNEYGENERAL

MINISTER FOR
JUSTICE AND
CONSTITUTIONAL
AFFAIRS

MINISTER OF
STATE FOR
PROVINCIAL
ADMINISTRATION
AND NATIONAL
SECURITY