ADVOKS GLOBAL · KENYA
Preservation of Public Security Act
3. Public security regulations
Edition: 2022-12-31 · In force
3. Public security regulations
(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.(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.(3)Subject to the provisions of this section, regulations made under this Part of this Act may make provision for any of the matters specified in section 4(2):Provided that subject to subsection (4) of this section such regulations shall not make any provision which—(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(b)purports to amend, modify, or suspend the operation of, any written law other than regulations made under this Act.(4)The proviso to subsection (3) of this section shall not apply during any period when Kenya is at war or to any regulations in so far as they apply to the parts of Kenya to which section 19 of the Kenya Independence Order in Council applies.(5)Subject to subsection (3) of this section, any notice published under this section may limit the power to make regulations to such of the matters specified in section 4(2) as the President may specify in the notice of this Act.(6)A notice published under this section may at any time be revoked by the President by a notice published in the Gazette.