ADVOKS GLOBAL · KENYA
Prevention of Terrorism Act
3. Specified entity order
Edition: 2025-06-20 · In force
3. Specified entity order
(1)Where the Inspector-General has reasonable grounds to believe that—(a)an entity has—(i)committed or prepared to commit;(ii)attempted to commit; or(iii)participated in or facilitated the commission of,a terrorist act; or(b)an entity is acting—(ii)at the direction of; or(iii)in association with,an entity referred to in paragraph (a),he may recommend to the Cabinet Secretary that an order be made under subsection (3) in respect of that entity.(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.(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.(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 seven days from the date of declaring the entity a specified entity.(5)A specified entity may apply to the Inspector-General requesting for the revocation of an Order made under subsection (3) in respect of that entity.(6)If on an application made under subsection (5), the Inspector-General is satisfied that—(a)there are reasonable grounds for making the application, recommend to the Cabinet Secretary the revocation of the Order; or(b)there are no reasonable grounds for making the application, the Inspector-General shall reject the application and shall, within sixty days of receiving the application, inform the applicant of the decision.(7)A specified entity which is aggrieved by the decision of the Inspector-General under subsection (6) may apply to the High Court for a review of that decision within a period of sixty days from the date of receipt of the decision.(8)In determining an application under subsection (5), the Court—(a)may receive and examine in chambers, all information considered by the Cabinet Secretary in arriving at his decision under subsection (3) and any other information or evidence submitted by the Inspector-General, any body, institution or agency of a foreign State or international organization which it considers relevant to the determination of the application;(b)may receive in evidence, any information obtained by the Government, any institution or agency of a foreign State that it may consider necessary or relevant for the determination of the application;(c)shall provide the applicant with a statement of the information available to the Court, so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the opinion of the Court, be prejudicial to national security or endanger the safety of any person; and(d)shall give the applicant a reasonable opportunity to be heard.(9)The Court may, on the application of the Cabinet Secretary, consider any evidence or information adduced by him before the Court in the absence of the applicant or the counsel representing the applicant where the disclosure of that information would be prejudicial to national security or endanger the safety of any person.(10)The Court may, where it is satisfied that there are no reasonable grounds for declaring an entity as a specified entity, make an order for the revocation of the order made by the Cabinet Secretary in respect of the applicant.(11)The Cabinet Secretary shall, in consultation with the Inspector-General and within a period of twelve months from the commencement of this Act and every subsequent year, review all the orders made under subsection (3) to determine whether the grounds for declaring an entity as a specified entity apply with respect to that entity and may revoke the order or issue such orders as he considers appropriate.(12)The Cabinet Secretary may, where he has reasonable grounds to believe that a specified entity is operating wholly or partly under a name that is not specified in the order or different name from that specified in the order direct that the entity be treated as a specified entity under the Act and that the name of that entity which is not specified in that Schedule be treated as another name for the specified entity.(13)An appeal to the court by an aggrieved entity under this section shall be filed in accordance with the procedure set out in regulations made by the Chief Justice.