Preservation of Public Security Act

Section 1. Short title Section This Act may be cited as the Preservation of Public Security Act.

Section 2. Interpretation Section the defence of the territory and people of Kenya;

Section 3. Public security regulations Section 3(1) If at any time it appears to the President that it is necessary for the preservation of public security to do so, he may by notice published in the Gazette declare that the provisions this Part of this Act shall come into operation in Kenya or in any part thereof. Section 3(2) Where a notice under subsection (1) of this section has been published, and so long as the notice is in force, it shall be lawful for the President, to the extent to which the provisions of this Act is brought into operation, and subject to the provisions of the Constitution, to make regulations for the preservation of public security. Section 3(3)(a) is inconsistent with or in contravention of Article 29 of the Constitution (which protects the right to personal liberty), or Article 27 of the Constitution (which provides protection from discrimination), or any other provision of the Constitution; or Section 3(3)(b) purports to amend, modify, or suspend the operation of, any written law other than regulations made under this Act. Section 3(4) The proviso to subsection (3) of this section shall not apply during any period when Kenya is at war or to any regulat...

Section 4. Special public security regulations Section 4(1) Where an order under section 29 of the Constitution (which relates to the bringing into operation of this Part of this Act) has been made by the President, and so long as the order is in force, it shall be lawful for the President, to the extent to which the provisions of this Part is brought into operation and subject to the provisions of Constitution, to make regulations for the preservation of public security. Section 4(2)(a) deleted by ActNo. 10 of 1997, Sch.; Section 4(2)(b) the registration, restriction of movement (into, out of or within Kenya), and compulsory movement of persons, including the imposition of curfews: Section 4(2)(c) the control of aliens, including the removal of diplomatic privileges; Section 4(2)(d) the censorship, control or prohibition of the communication of any information, or of any means of communicating or of recording ideas or information, including any publication or document, and the prevention of the dissemination of false reports; Section 4(2)(e) the control or prohibition of any procession, assembly, meeting, association or society; Section 4(2)(f) the control or prohibition of the ac...

Section 5. Interpretation and application of Part IV Section In this Part of this Act "subsidiary legislation" means any regulations made under this Act and any rule or order made under such regulations, and this Part of this Act shall apply to any such subsidiary legislation. [Act No. 18 of 1966 , 2nd Sch.]

Section 6. Subsidiary legislation to be laid before Parliament Section 6(1) All subsidiary legislation shall be laid before each House of the National Assembly as soon as may be after it is made, and, if each House of the Assembly within the period of twenty days commencing with the day on which the Assembly first sits after the subsidiary legislation is laid before that House, resolves that it be annulled, it shall cease to have effect. Section 6(2) Subsection (1) of this section shall not apply to any subsidiary legislation of which a draft has been laid before both Houses of the National Assembly and approved by resolution of both Houses before it was made. [Act No. 18 of 1966 , 2nd Sch.]

Section 7. Miscellaneous provisions relating to subsidiary legislation Section 7(1)(a) be made to apply to Kenya generally or to any part thereof, to any ship or aircraft in or over Kenya, to any Kenyan ship or aircraft wherever it may be, and to any person on board any such ship or aircraft; Section 7(1)(b) make different provisions with respect to different cases or classes of case and for different purposes of this Act, and, subject to the Constitution, may make different provisions with respect to different classes or descriptions of persons. Section 7(2)(a) make provision for the apprehension and punishment of persons offending against the regulations, for the imposition of penalties(including the penalty of death and the forfeiture of any property connected in any way with any offence) exceeding those otherwise permitted by law to be imposed by regulations, and for the trial of such offenders by such courts, not being courts martial, and in accordance with such procedure as may be provided for by the regulations, and for the proceedings of such courts to be subject to such review as may be provided for, so, however that provision shall be made for such proceedings being revie...

Section 8. Proof of instruments Section 8(1) Every document purporting to be an instrument made or issued by the President or by any Cabinet Secretary or other authority or person in pursuance of any provision contained in, or having effect under, this Act, and purporting to be signed by or on behalf of the President, the said Cabinet Secretary, authority or person, shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the President, or by that Cabinet Secretary, authority or person. Section 8(2) Prima facie evidence of any such instrument as is referred to in subsection (1) may, in any legal proceedings, be given by the production of a document purporting to be certified to be a true copy of the instrument by, or on behalf of, the President, the Cabinet Secretary or other authority or person having power to make or issue the instrument. [Act No. 18 of 1966 , 2nd Sch.]

Section 9. Expenses Section There shall be defrayed out of moneys provided by Parliament any expenses incurred by the Government in consequence of the passing of this Act, and any increase attributable to the passing of this Act, in any sums authorized or required by any other written law to be paid out of moneys provided by Parliament. [Act No. 18 of 1966 , 2nd Sch.]