Prevention of Terrorism Act

Section 1. Short title Section This Act may be cited as the Prevention of Terrorism Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "aircraft" has the meaning assigned to it under the Civil Aviation Act ( Cap. 394 ) "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to internal security; “Committee" means the Counter Financing of Terrorism Inter-Ministerial Committee established under section 40D (1) of this Act; "communication" means a information received or transmitted through the postal service or through a telecommunication system within the meaning of the Kenya Information and Communications Act ( Cap. 411A ); "communications service provider" means a person who is licensed under the Kenya Information and Communications Act to provide postal or telecommunication services; "competent authority" in relation to a foreign State, means the Attorney-General or the equivalent officer of that State; "entity" means a person, group of persons, trust, partnership, fund or an unincorporated association or organization; "financial institution" means any person or entity, which conducts as a business, one or more of the following activities or operations— (a) accepting deposits and...

Section 3. Specified entity order Section 3(1)(a) committed or prepared to commit; Section 3(1)(a)(i) committed or prepared to commit; Section 3(1)(a)(ii) attempted to commit; or Section 3(1)(a)(iii) participated in or facilitated the commission of, Section 3(1)(b) on behalf of; Section 3(1)(b)(i) on behalf of; Section 3(1)(b)(ii) at the direction of; or Section 3(1)(b)(iii) in association with, Section 3(2) Before making a recommendation under subsection (1), the Inspector-General shall afford the affected entity reasonable opportunity to demonstrate why it should not be declared as a specified entity. Section 3(3) Upon receipt of the recommendation under subsection (1), the Cabinet Secretary may, where he is satisfied that there are reasonable grounds to support a recommendation made under subsection (1), declare, by order published in the Gazette , the entity in respect of which the recommendation has been made to be a specified entity. Section 3(4) The Cabinet Secretary shall, subject to subsection (5), inform the entity in respect of which the order is made, in writing, of his decision under subsection (3) together with reasons for arriving at that decision, within a period se...

Section 4. Commission of a terrorist act Section 4(1) A person who carries out a terrorist act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years. Section 4(2) Where a person carries out a terrorist act which results in the death of another person, such person is liable, on conviction, to imprisonment for life.

Section 5. Collection or provision of property and services for commission of terrorist acts Section 5(1)(a) for the commission of, or facilitating the commission of a terrorist act or any other act which constitutes an offence within the scope of, and as defined in any of the treaties listed in the annex to the 1999 International Convention for the Suppression of the Financing of Terrorism; Section 5(1)(b) by a terrorist group for any purpose; Section 5(1)(c) commits, or attempts to commit, by any means, directly or indirectly, unlawfully and willfully, acts within the scope of paragraph (a); Section 5(1)(c)(i) commits, or attempts to commit, by any means, directly or indirectly, unlawfully and willfully, acts within the scope of paragraph (a); Section 5(1)(c)(ii) participates as an accomplice in acts within the scope of paragraph (a); Section 5(1)(c)(iii) organizes or directs others to commit acts within the scope of paragraph (a); or Section 5(1)(c)(iv) contributes to the commission of acts within the scope of paragraph (a) by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the commission of acts within...

Section 6. Possession of property for commission of terrorist acts Section A person who possesses any property intending or knowing that it shall be used, whether directly or indirectly or in whole or in part, for the commission of, or facilitating the commission of a terrorist act, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.

Section 7. Arrangements for the retention or control of terrorist property Section by concealment;

Section 8. Dealing in property owned or controlled by terrorist groups Section 8(1)(a) deals directly or indirectly, in any property that is owned or controlled by or on behalf of a terrorist group; Section 8(1)(b) enters into, or facilitates, directly or indirectly any transaction in respect of property referred to in paragraph (a); or Section 8(1)(c) provides financial or other services in respect of property referred to in paragraph (a) at the direction of a terrorist group, Section 8(2) A person under subsection (1) who proves that he took all reasonable action to satisfy himself that the property was not owned or controlled by or on behalf of a terrorist group shall not be liable in any civil action for any action taken under subsection (1) in relation to that property.

Section 9. Soliciting and giving of support to terrorist groups or for the commission of terrorist acts Section 9(1) A person who knowingly supports or solicits support for the commission of a terrorist act by any person or terrorist group commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years. Section 9(2) (2) For the purposes of subsection (1), support includes the provision of forged or falsified travel documents or other documents, facilitation of travel, shelter, clothing, communication devices and systems. [Act No. 10 of 2023 , Sch.]

Section 10. Harbouring of persons committing terrorist acts. Section has committed or intends to commit a terrorist act; or

Section 11. Provision of weapons to terrorist groups Section a terrorist group;

Section 12. Direction in the commission of a terrorist act Section A person who, being a member of a terrorist group, directs or instructs any person to commit a terrorist act commits an offence and is liable, on conviction, to imprisonment for life.

Section 13. Recruitment of members of a terrorist group Section to be a member of a terrorist group; or

Section 14. Training and directing of terrorist groups and persons Section 14(1)(a) in the making or use of a weapon; Section 14(1)(b) in the carrying out of a terrorist act; Section 14(1)(c) in the practice of military exercises or movements, Section 14(2) A person who receives training or instruction referred to in subsection (1) for the purpose of engaging or preparing to engage in the commission of a terrorist act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.

Section 15. Obstruction of justice Section 15(1) A person who carries out any act for the purpose of obstructing or hindering the cause of justice under this Act commits an offence and is liable on conviction to imprisonment for a term not exceeding twenty years. Section 15(2)(a) uses or threatens to use physical force; Section 15(2)(b) intimidates; Section 15(2)(c) dissuades or attempts to dissuade a person from giving evidence; Section 15(2)(d) induces false evidence; Section 15(2)(e) interferes with the production or giving of evidence; or Section 15(2)(f) promises or offers a benefit,

Section 16. Obstruction of officers Section A person who willfully obstructs a public officer in the execution of his duties under this Act or a person lawfully acting under the direction of the officer commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.

Section 17. Retaliation against witnesses Section A person who does or omits to do any act against a person or a member of the family of a person in retaliation for the person having given information or evidence under this Act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.

Section 18. Intimidation Section to abstain from doing anything that the person has a lawful right to do under this Act; or

Section 19. Disclosure of information Section discloses to another person anything which is likely to prejudice the investigation; or

Section 20. False statements Section A person who, with intent to mislead an officer under this Act, makes a statement knowing the same to be false commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.

Section 21. Acts carried out for the commission of a terrorist act in foreign states Section knowingly promotes or facilitates the commission of an act;

Section 22. Promotion of offences under this Act Section being the owner, occupier, lessee or in charge of any building premises or place, authorizes a meeting of persons to be held in that building, premises or place; or

Section 23. Conspiracy to commit offences under this Act Section 23(1) A person who, being outside Kenya, conspires with a person who is in Kenya to carry out a terrorist act in any place outside Kenya being an act which if committed in Kenya, would constitute an offence under this Act shall be deemed to have conspired to commit that act in Kenya. Section 23(2) A person who, being in Kenya, conspires with a person who is outside Kenya carry out a terrorist act in Kenya shall be deemed to have conspired in Kenya to carry out that act. Section 23(3) A person who, being outside Kenya, conspires with a person who is outside Kenya to carry out a terrorist act in Kenya shall be deemed to have conspired in Kenya to do that act. Section 23(3A) A person who being in Kenya, conspires with another person who is also in Kenya to carry out a terrorist act in Kenya or outside Kenya commits an offence. Section 23(4) A person who conspires to carry out a terrorist act under this section commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years. [Act No. 19 of 2014 , s. 63.]

Section 24. Membership of terrorist groups Section A person who is a member of, or professes to be a member of or associates with or professes to associate with a terrorist group commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years. [Act No. 10 of 2023 , Sch.]

Section 25. Arrangement of meetings in support of terrorist groups Section the support of a terrorist group; or

Section 26. Hoaxes Section A person who issues any information that a terrorist act has been or is likely to be committed, knowing that the information is false, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty years.

Section 27. Incitement Section A person who publishes, distributes or otherwise avails information intending to directly or indirectly incite another person or a group of persons to carry out a terrorist act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years.

Section 28. Kidnapping and hostage taking Section seizes, detains or kidnaps a person; and

Section 29. Collection of information Section A person who, in committing or in instigating, preparing or facilitating the commission of a terrorist act, holds, collects, generates or transmits information for the use in the commission of a terrorist act commits an offence, and is liable, on conviction, to imprisonment for a term not exceeding thirty years. [Act No. 6 of 2025 , Sch.]

Section 30. Possession of an article connected with an offence under this Act Section A person who knowingly possesses an article or any information for the use in instigating the commission of, preparing to commit or committing a terrorist act commits an offence, and is liable, on conviction, to imprisonment for a term not exceeding twenty years. [Act No. 6 of 2025 , Sch.]

Section 12A. Possession of weapons for terrorist purposes Section 12A(1) A person who is in possession of a weapon, an improvised explosive device or components of an improvised explosive device for purposes of terrorism commits an offence and is liable, on conviction, to imprisonment for a term of not less than twenty-five years. Section 12A(2) Without prejudice to subsection (1), unlawful possession of a weapon, an improvised explosive device or a component of an improvised explosive device shall be presumed to be for terrorist or criminal purposes. Section 12A(3) The Cabinet Secretary on the recommendation of the National Security Council, by notice in the Gazette , publish a list of components of improvised explosive devices for purposes of subsection (1). [Act No. 19 of 2014 , s. 62, Act No. 25 of 2015 , Sch.]

Section 12B. Possession of weapons in places of worship institution or public places Section A person who, in any premises, institution or a public place, is in unlawful possession of a weapon, an improvised explosive device or components of an improvised explosive device, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years. [Act No. 19 of 2014 , s. 62.]

Section 12C. Failure to prevent entry of weapons Section 12C(1) Any person, who, being in charge of any premises, institution or public place within which illegal weapons are recovered, shall be deemed to be in possession of such weapons and shall be liable to imprisonment for a term not exceeding thirty years. Section 12C(2) It shall be a defence if the person referred to in subsection (1) shows that he had no control over the entry of the weapons in any premises, institution or public place or he took appropriate step to prevent into the place of worship, institution or public place. [Act No. 19 of 2014 , s. 62.]

Section 12D. Radicalisation Section A person who adopts or promotes an extreme belief system for the purpose of facilitating ideologically based violence to advance political, religious or social change commits an offence and is liable on conviction, to imprisonment for a term not exceeding thirty years. [Act No. 19 of 2014 , s. 62.]

Section 30A. Publication of offending material Section 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. Section 30A(2)(a) the circumstances and manner of the publications are such that it can reasonably be inferred that it was so intended; or Section 30A(2)(b) the intention is apparent from the contents of the statement. Section 30A(3) For purposes of this section, it is irrelevant whether any person is in fact encouraged or induced to commit or prepare to commit an act of terrorism. [Act No. 19 of 2014 , s. 64.]

Section 30B. Training or instruction for purposes of terrorism Section 30B(1)(a) attends training or receives instructions at any place, whether in Kenya or outside Kenya; or Section 30B(1)(b) receives instruction or training on the use or handling of weapons, Section 30B(2)(a) the person in fact receives the training; or Section 30B(2)(b) the instruction is provided for particular acts of terrorism.

Section 30C. Presumption of travelling to a country for purposes of being trained as a terrorist Section 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 to that country to receive training in terrorism. Section 30C(2) Despite subsection (1), a person who ordinarily resides in Kenya within an area bordering a designated country is exempt from the provisions of subsection (1). Section 30C(3) For the purposes of this section, the Cabinet Secretary may, through regulations, designate any country to be a terrorist training country. [Act No. 19 of 2014 , s. 64.]

Section 30D. Foreign terrorist fighters Section A person who is not a Kenyan citizen who enters or passes through Kenya for purposes of engaging in terrorist activities in Kenya or elsewhere commits an offence and shall on conviction, be liable to imprisonment for a term not exceeding thirty years. [Act No. 19 of 2014 , s. 64.]

Section 30E. Aiding and abetting Section A person who aids or abets the commission of an offence under this Act commits an offence and shall be liable on conviction to a term of imprisonment for a term not exceeding twenty years. [Act No. 19 of 2014 , s. 64.]

Section 30F. Prohibition from broadcasting. Section 30F(1) Any person who, without authorization from the National Police Service, broadcasts any information which undermines investigations or security operations relating to terrorism commits an offence and is liable on conviction to a term of imprisonment for a term not exceeding three years or to a fine not exceeding five million shillings, or both. Section 30F(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. Section 30F(3) Notwithstanding subsection (2) any person may publish or broadcast factual information of a general nature to the public. [Act No. 19 of 2014 , s. 64.]

Section 30G. Prohibition from making funds available Section 30G(1)(a) directly or indirectly, wholly or jointly, for the benefit of designated persons and entities; Section 30G(1)(b) for entities owned or controlled, directly or indirectly, by designated persons or entities; and Section 30G(1)(c) for persons and entities acting on behalf of, or at the direction of, designated persons or entities, unless licensed, authorised or otherwise notified in accordance with the relevant United Nations Security Council resolution. Section 30G(2)(a) in case of a natural person, to imprisonment for a term not exceeding twenty years; and Section 30G(2)(b) in case of a legal person, a fine not exceeding twenty million shillings.

Section 30H. Penalties for legal persons Section 30H(1) A legal person who contravenes the provisions of sections 4 , 10 , 11 , 12 , 12B , 12C , 12D , 13 , 14 , 21 , 24 , 27 , 28 , 29 or 30D commits an offence and is liable, on conviction, to a fine not exceeding thirty million shillings. Section 30H(2) A legal person who contravenes any other provisions not provided under subsection (1) is liable on conviction to a fine not exceeding twenty million shillings. [Act No. 10 of 2023 , Sch., Act No. 6 of 2025 , Sch.]

Section 4A. Commission of proliferation act Section A person who, within or outside Kenya, directly or indirectly engages in a proliferation act commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding twenty years or to a fine not exceeding twenty million shillings, or to both such fine and such imprisonment. [Act No. 10 of 2023 , Sch.]

Section 4B. Financing of proliferation act Section A person who by any means, within or outside Kenya, directly or indirectly, provides financial support or solicits or collects funds intending, knowing or having reasonable grounds to believe that such funds are to be used in whole or part, to carry out a proliferation act regardless of whether such funds or part thereof were actually used to commit the act, commits an offence and is liable, upon conviction, to imprisonment for a term of imprisonment not exceeding twenty years or to a fine not exceeding twenty million shillings or to both such fine and such imprisonment. [Act No. 10 of 2023 , Sch.]

Section 5A. Financing of travel for terrorism purposes Section 5A(1) A person who finances the travel of an individual to a State other than that individual’s State of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, a terrorist act or the providing or receiving of terrorist training commits an offence. Section 5A(2) A person who commits an offence under subsection (1) shall be liable, upon conviction, to imprisonment for a term not exceeding twenty years in the case of a natural person or a fine not exceeding twenty million shillings in the case of a legal person.

Section 9A. Facilitation of terrorist acts Section A person who advocates, promotes, advises or facilitates with intent to commit a terrorist act, any act preparatory to a terrorist act, commits an offence and is liable, on conviction to imprisonment for a term not exceeding twenty years. [Act No. 19 of 2014 , s. 61.]

Section 31. Powers of arrest Section A police officer may arrest a person where he has reasonable grounds to believe that such person has committed or is committing an offence under this Act.

Section 32. Right to be released Section 32(1)(a) the suspect is produced before a Court and the Court has ordered that the suspect be remanded in custody; or Section 32(1)(b) the twenty-four hours ends outside ordinary court hours or on a day that is not an ordinary court day. Section 32(2) A police officer holding a suspect under subsection (1) may release that suspect at any time before the expiry of twenty-four hours on condition that the suspect appears before the Court or such other place as may be specified, in writing, by the police officer and may, for this purpose, require the suspect to execute a bond of a reasonable sum on the suspect’s own recognizance. Section 32(3) Deleted by ActNo. 19 of 2014, s. 65. [Act No. 19 of 2014 , s. 65.]

Section 33. Remand by court Section 33(1)(a) produce the suspect before a Court; and Section 33(1)(b) apply in writing to the Court for an extension of time for holding the suspect in custody. Section 33(2)(a) the nature of the offence for which the suspect has been arrested; Section 33(2)(b) the general nature of the evidence on which the suspect has been arrested; Section 33(2)(c) the inquiries that have been made by the police in relation to the offence and any further inquiries proposed to be made by the police; and Section 33(2)(d) the reasons necessitating the continued holding of the suspect in custody, Section 33(3) A Court shall not hear an application for extension of time under subsection (1)(b) unless the suspect has been served with a copy of the application. Section 33(4)(a) release the suspect unconditionally; Section 33(4)(b) does not, while on release, commit an offence, interfere with witnesses or the investigations in relation to the offence for which the suspect has been arrested; Section 33(4)(b)(i) does not, while on release, commit an offence, interfere with witnesses or the investigations in relation to the offence for which the suspect has been arrested; Se...

Section 34. Power to gather information Section 34(1) In addition to any power conferred by any other written law, a police officer may, for the purpose of conducting an investigation in relation to the commission of an offence under this Act, apply ex parte to a Magistrate’s Court for an order for the gathering of information. Section 34(2)(a) an offence under this Act has been committed; and Section 34(2)(a)(i) an offence under this Act has been committed; and Section 34(2)(a)(ii) the order is necessary for the purpose of obtaining information concerning the offence or the whereabouts of a person suspected by the police officer to have committed the offence; or Section 34(2)(b) an offence is likely to be committed under this Act; Section 34(2)(b)(i) an offence is likely to be committed under this Act; Section 34(2)(b)(ii) a person has direct and material information that relates to the offence under paragraph (i) or that may reveal the whereabouts of a person whom the police officer suspects is likely to commit that offence; and Section 34(2)(b)(iii) reasonable attempts have been made to obtain the information referred to in paragraph (ii) from the suspect. Section 34(3)(a) requi...