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PURPOSE
The purpose of this Memorandum is to request the Cabinets
consideration and approval of the Suppression of Terrorism Bill,
2003 and its direction that the Bill be published for introduction in
the National Assembly.
2.
BACKGROUND
In the wake of terrorist attacks in the United States on 11th
September, 2001, Commonwealth Heads of Government issued a
statement on 25th October, 2001 calling for concerted and resolute
action against terrorism and expressing their full commitment to
full implementation of United Nations Resolution 1373.
Kenya is not immune from acts of terrorism, as has been clearly
shown by the destruction of the US Embassy in Nairobi and more
recent terrorist attacks last year in Mombasa. In addition, therefore,
to international commitments, the Government has a direct and
immediate interest in protecting Kenyan citizens from such attacks
and from consequent loss of life and negative impact on the
tourism industry.
The attached Bill has been drafted in light of guidelines drawn up
with the assistance of the Commonwealth Secretariat, developed at
a forum held in Botswana in November, 2002, in which
representatives of Kenya and other Eastern and Southern African
nations were participants. Due regard has also been had to
legislative initiatives already taken in the United Kingdom, the
United States and other jurisdictions, and to the advice of the
Kenyan CID.
3.
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PART II
This Part prescribes certain offences involving terrorist activities
such as training persons in the use of weapons for subversive
purposes and directing a terrorist organization.
PART III
This Part permits the Attorney-General, by legal notice, to name
organizations that are believed to be concerned in terrorism. As a
consequence, membership of and actions in support of such
organizations are unlawful and constitute offences under this Part
of the Bill.
PART IV
This Part deals with terrorist property. The expression terrorist
property, defined in clause 13 of the Bill, means property obtained
from terrorist activities (such as ransom moneys) or money from
any source that is held for use for terrorist activities, and includes
money held by an organization that has been designated as a
declared terrorist organization under Part II of the Bill.
The Part includes provisions which
create offences in relation to raising, keeping and laundering
of terrorist money and other property.
protect police operations in relation to terrorist activities and
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RECOMMENDATIONS
The Cabinet is requested to:
(a)
(b)
(c)
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S. Amos Wako
Kiraitu Murungi
Christopher N.
Murungaru
ATTORNEYGENERAL
MINISTER FOR
JUSTICE AND
CONSTITUTIONAL
AFFAIRS
MINISTER OF
STATE FOR
PROVINCIAL
ADMINISTRATION
AND NATIONAL
SECURITY