ADVOKS GLOBAL · KENYA
Prevention of Terrorism Act
35. Limitation of certain rights
Edition: 2025-06-20 · In force
35. Limitation of certain rights
(1)Subject to Article 24 of the Constitution, the rights and fundamental freedoms of a person or entity to whom this Act applies may be limited for the purposes, in the manner and to the extent set out in this section.(2)A limitation of a right or fundamental freedom under subsection (1) shall apply only for the purposes of ensuring—(a)the investigations of a terrorist act;(b)the detection and prevention of a terrorist act; or(c)that the enjoyment of the rights and fundamental freedoms by an individual does not prejudice the rights and fundamental freedom of others.(3)The limitation of a fundamental right and freedom under this section shall relate to—(a)the right to privacy to the extent of allowing—(i)a person, home or property to be searched;(ii)possessions to be seized;(iii)the privacy of a person’s communication to be investigated, intercepted or otherwise interfered with.(b)the rights of an arrested person specified under Article 49(1)(f) of the Constitution may be limited only for purposes of ensuring—(i)the protection of the suspect or any witness;(ii)the suspect avails himself for examination or trial or does not interfere with the investigations; or(iii)the prevention of the commission of an offence under this Act and the preservation of national security.(c)the freedom of expression, the media and of conscience, religion, belief and opinion to the extent of preventing the commission of an offence under this Act.(d)the freedom of security of a person to the extent of allowing investigations under this Act.(e)the right to property to the extent of detaining or confiscating any property used in the commission of an offence under this Act.