Business Impact of the Security Law Amendments

Business Impact of the Kenya Security Law Amendment (PDF) for various people & companies (XX refers to pages, not clauses).
Aviation

  • For people who own/occupy property near airports; A cabinet secretary can designate zones and  impose restrictions on land use
  • People (farmers, bush air tour operators, helicopter charters?) who fly planes from unmanned airports, may have to inform a cabinet secretary (70)

Business Premises

  • NIS officers get powers to arrest (46) and enter any place and obtain access to anything (47)
  • A Cabinet Secretary to designate where demonstrations can take place – this may ward of looting of businesses that follows large demonstrations across towns (2)

Citizen Data

  • Landlords are to keep records of tenants e.g. name ID, email, telephone (36)
  • Police stations to obtain information from hotels in their area on guests names, ID numbers, sex, telephone, email  details (70)
  • Motor  vehicle dealers to maintain records of buyers of vehicles (40)

Evidence

  • Electronically recorded evidence is admissible – electronic messages, digital metrical (26, 29) also teleconferencing or videoconferencing of court proceedings are recognized
  • The government may intercept information if it believes it will prevent terror. Such evidence is admissible regardless of the technicalities under which it was obtained (57)

Extradition

  • (For white-collar crimes), there shall be no local extradition proceedings required if a court is satisfied that a proper foreign warrant was executed (21)
  • A police officer can apply to hold someone longer in jail by writing to a judge e.g the Britam-Acorn case

Immigration 

  • A cabinet secretary shall designate which industries are eligible for work permits  – and also vet foreign investors (42)
  • An (all important) ID card can be cancelled if there is evidence of fraud  in its procurement (22)
  • Foreign nationals residing in Kenya for more than 3 months will have to inform the government of change of address (66)
  • Employment bureaus to be registered before sending Kenyans to work overseas (42)

Media/Social Media

  • If you travel to a country designated as a terrorist training country without passing through immigration you are presumed to have traveled to receive terrorist training (54) ..people who live around border areas are exempted
  • Anyone who publishes or broadcasts  photos of victims  of terror  omits a crime can be jailed for 3 years or fined Kshs 5 million (55)

Self Protection

  • Want to own a gun? A  firearm licensing board will be created to assess suitability of applicants, issued cancel, change licenses, and register civilian firearms (34).

Vehicles

  • No person shall own an armored car unless certified by this body (35)
  • Government to have a database of all diplomatic plated vehicle (40)

2 thoughts on “Business Impact of the Security Law Amendments

  1. Rob Malda

    Thanks for the detailed summary Banks especially on the business impact. Your writeup is one of the few I have found with more than just a few talking points. This includes the major newspapers too. Keep it up

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