If the Cabinet Secretary is satisfied that it is necessary for the preservation of public security to exercise control over the residence and movement of any person, he may order that such person shall reside in the area therein specified, or in any place to which he may be ordered by a removal order to remove or be removed, in accordance with and subject to such conditions as may be specified in the order.

Where a restriction order has been made in respect of any person, that person shall forthwith remove or be removed to the area specified as aforesaid (if not already, at the date of the order, within such area), and shall reside in the area so specified, or in any such place as aforesaid, in accordance with and subject to the provisions of these Regulations and such conditions as aforesaid, for so long as the order continues in force.

The Cabinet Secretary may at any time vary or revoke a restriction order.

The Cabinet Secretary may, at his discretion, issue to a restricted person a permit to leave temporarily the area to which he is restricted, subject to such conditions as he may think fit to impose, and such conditions shall be specified in the permit.

A permit issued under this regulation shall specify the purpose for which it is issued and the period during which the restricted person is thereby authorized to remain outside the said area.

Particulars of every permit issued under this regulation shall be forthwith sent to the security officer.

Upon a permit expiring or being revoked by the Cabinet Secretary, the restricted person shall forthwith become subject to all the terms of the restriction order.

If the Cabinet Secretary is satisfied that it is necessary for the preservation of public security to exercise control, beyond that afforded by a restriction order, over any person, he may order that that person shall be detained.

Where a detention order has been made in respect of any person, that person shall be detained in a place of detention in accordance with these Regulations, for as long as the detention order is in force, and, while so detained, shall be deemed to be in lawful custody.

The Cabinet Secretary may at any time revoke a detention order.

The Cabinet Secretary may, at his discretion, issue to a detained person a permit to leave the place of detention for a fixed period until the permit is revoked by the Cabinet Secretary in writing, subject to such conditions as he may think fit to impose, and such conditions shall be specified in the permit.

The provisions of regulation 5 of these Regulations shall apply mutatis mutandis to a permit issued under this Regulation and to a detained person as they apply to a permit issued under that regulation and a restricted person.

There is hereby established a tribunal, called the Review Tribunal, which shall be the tribunal for reviewing and making recommendations on the cases of restricted persons under section 81(4) and (5) and on the cases of detained persons under section 83(2) and (3) of the Constitution of Kenya.

The Tribunal shall be presided over by the member appointed under paragraph (2)(a) of this regulation, or in his absence, the member appointed under paragraph (2)(b) of this regulation:

Provided that in the event of any of the members referred to in this paragraph being absent from any meeting of the Tribunal, the members present at that meeting shall elect one of their number who is an advocate to be the presiding member for the purposes of that meeting.

The Cabinet Secretary shall appoint a public officer to be secretary of the Tribunal.

A quorum of the Tribunal shall be the presiding member and two other members.

A decision of the Tribunal shall be made by a majority of the votes of the members present and voting, and, in the event of any equality of votes, the presiding member shall have and exercise a casting vote in addition to his original vote.

Sittings of the Tribunal shall be convened by the presiding member as necessary.

Subject to paragraph (5), the Tribunal shall not be disqualified for the transaction of any business by reason of any vacancy among the members thereof.

Without prejudice to section 83(2)(d) and (e) of the Constitution of Kenya, a restricted person or detained person shall have the right to make written submissions to the Tribunal and, if he so desires, to be heard in person by the Tribunal when his case is under consideration; and the Tribunal may, if it so sees fit, require the attendance before it of any such person whose case is under consideration.

Subject to the provisions of this regulation, the Tribunal shall determine its own procedure, and shall not be bound by the law of evidence or procedure applicable in legal proceedings, whether civil or criminal, and in particular shall not be required to admit the public to its proceedings.

Every member of the Tribunal, in and in relation to the discharge of his functions, shall be deemed to be a public officer and shall have the like privileges, protections and immunities as are by law conferred upon a judge in and in relation to the execution of his office.

The members of the Tribunal shall be paid such expenses and allowances as the Cabinet Secretary, in consultation with the Treasury, may authorize.

Where a restriction order or detention order is made in respect of any person, the security officer shall, as soon as reasonably practicable and in any case not more than five days after commencement of his restriction or detention, cause a copy thereof to be delivered to such person, together with a statement in writing in a language that he understands specifying in detail the grounds upon which he is restricted or detained, and of the provisions of section 81(4) and (5), or section 83(2) and (3), as the case may be, of the Constitution concerning review.

Nothing in this regulation shall be construed as requiring the security officer or any other public officer, unless thereunto authorized or directed by the Cabinet Secretary, to disclose any fact, information or document the disclosure of which, in the opinion of the security officer or, as the case may be, of such other public officer would be likely to prejudice the preservation of public security or would otherwise be contrary to the public interest.

It shall be lawful for any administrative officer, police officer or prison officer to search, and to take or cause to be taken the fingerprints, palmprints or photograph of any restricted person and any detained person, and to use or cause to be used such force as may be reasonably necessary for that purpose, and any prints and photographs so taken shall be recorded in such manner as the security officer may direct.

Where a restricted person or detained person is detained in a hospital, leprosarium or mental hospital under paragraph (2) of this regulation, a medical officer, if of opinion that further detention in the institution is not required, may order that the person shall be removed to his area of restriction or to a place of detention as the case may be, if he is still liable to be restricted or detained, and if he is not so liable he shall be released.

Where a detained person is detained in a hospital, leprosarium or mental hospital under paragraph (2) of this regulation, he shall be deemed to be in the lawful custody of the superintendent of the institution.

In these Rules, unless the context otherwise requires—

"Commissioner" means the Commissioner of Prisons;

"detention officer" means an officer in charge, or any member of the Kenya Prisons Service of whatever rank;

"major offence" means any of the acts specified in Part II of the Schedule to these Rules;

"minor offence" means any of the acts specified in Part I of the Schedule to these Rules;

"officer in charge" means a person appointed under rule 4(1) to be in charge of a place of detention;

"the Regulations" means the Public Security (Detained and Restricted Persons Regulations, 1978.

Expressions used in these Rules have the same respective meanings as the same expressions have in the Regulations, except where the context otherwise requires.

The Cabinet Secretary shall, in respect of every place of detention, appoint a person to be the officer in charge thereof.

The officer in charge shall detain and keep in custody every detained person lawfully detained in the place of detention of which he is in charge and every detained person duly conveyed to the place of detention under the authority of a detention order or transferred to the place of detention under the authority of a removal order, until such person is lawfully discharged or removed from his custody.

The officer in charge shall, subject to the control of the Commissioner, have and be responsible for the control and administration of the place of detention in respect of which he is appointed, and shall be responsible to the Commissioner for the treatment of detained persons in his custody and the conduct of detention officers under his control, and for the due observance by them of these Rules.

In the case of the incapacity or absence from a place of detention of the officer in charge thereof, his powers and duties shall, unless the Commissioner in any particular case otherwise directs, be performed by the most senior detention officer present in the place of detention.

The Commissioner shall make available such number of detention officers as he thinks necessary to ensure the safe custody of detained persons in places of detention and for the control and proper governance and administration of places of detention.

It shall be the duty of detention officers to do all things that are necessary for preventing detained persons from escaping and for maintaining good order in the place of detention, and for ensuring that these Rules are observed as far as it is within their competence to do so.

The officer in charge may require detained persons to do such work as he considers necessary for the purpose of keeping their accommodation, furniture and utensils clean and of maintaining the place of detention in good order and in a clean condition.

A detained person shall not be required to do work before he has eaten his morning meal, nor if he is on a penal diet.

No visitor shall converse or hold any intercourse with a detained person in a place of detention unless his written authority expressly permits him to visit that particular detained person.

Every visitor shall, unless the officer in charge in writing exempts him wholly or in part from this requirements, during the whole of his visit be kept within the sight and hearing of the officer in charge or a detention officer appointed by him for the purpose, and where such officer does not understand the language spoken, of an interpreter.

If anything is found as a result of a search under rule 12 of these Rules which is prohibited or which, in the opinion of the officer in charge, is likely to be dangerous to the life or health of any detained person or to facilitate escape from the place of detention, he may impound such thing, and the person in whose possession it is found shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment.

Where any person is convicted of an offence under paragraph (1) of this rule, the court may, in addition to imposing any of the penalties therein provided, direct that the thing so impounded be forfeited.

The officer in charge shall cause to be entered in the visitor’s book the name and address of every person presenting himself for admission to the place of detention as a visitor, and he, and any detention officer, may at any time demand the name and address of a visitor or intending visitor.

Where a detention officer has reason to suspect that a visitor or person presenting himself for admission to the place of detention as a visitor is carrying or has about his person anything the possession of which in a place of detention is prohibited, or which is likely to be dangerous to the life or health of any person in the place of detention or to facilitate escape from the place of detention, he may search such visitor or cause him to be searched, but no detained person or other visitors shall be present during the search, nor shall any more force be used than is necessary for the purpose; and if any intended visitor refuses to permit himself to be searched he shall be denied admission and the grounds of such denial and the particulars thereof shall be entered in the visitor’s book.

The officer in charge may require a visitor whose continued presence in the place of detention is considered to be prejudicial to the good governance of the place of detention or whose visit he considers to have been of sufficient duration to leave the place of detention, and may cause any visitor who refuses or fails to comply with such a requirement to be removed from the place of detention.

So far as may be reasonably practicable and subject to the directions of the officer in charge as regards quantity, a detained person may secure such articles for his personal use as are consistent with good order and discipline.

The officer in charge shall impound anything found in the place of detention the possession of which is prohibited or which, in his opinion, is likely to be dangerous to health or life, or to facilitate escape.

The officer in charge may, so far as is consistent with the proper discipline of the place of detention and the preservation of public security, allow a detained person the use of books and papers received or procured through him or with his consent.

The officer in charge may impound any book or paper which in his opinion contains any objectionable matter, and any person aggrieved by such action may appeal to the Commissioner.

Every letter addressed to or written by a detained person shall be read by the officer in charge of the place of detention or by a detention officer deputed by him, and if such officer considers the contents objectionable the letter shall not be forwarded, or the objectionable part thereof shall be erased, at the discretion of the officer.

Where a letter written by a detained person is withheld under paragraph (1) of this regulation, the detained person shall be informed, and he may be given the opportunity of rewriting the letter, omitting the objectionable matter.

A letter addressed to a detained person whose contents are considered objectionable shall be returned to the writer with an invitation to write another letter which does not contain the objectionable matter.

The Cabinet Secretary may prohibit a particular detained person from receiving or writing letters, where he is of the opinion that it is desirable to do so in the interests of the preservation of public security, and where he does so he shall notify the Commissioner who shall cause that person to be informed thereof; and all letters which that person is prohibited from receiving shall be returned to the writer with a notification of the prohibition.

The officer in charge shall keep a register of letters to and from detained persons, and shall record therein any prohibition under paragraph (4) of this rule, and any action taken in withholding letters or returning letters to the writer.

No detained person shall be allowed to communicate with the Press.

No detention officer shall allow any undue familiarity between a detained person, nor shall he discuss his duties or any matters of discipline or administration within the hearing of a detained person.

No detention officer shall communicate with a detained person except in accordance with these Rules or the instructions of the Cabinet Secretary.

A detention officer may use such force against a detained person as is reasonably necessary in order to make him obey lawful orders which he refuses to obey or in order to maintain discipline in a place of detention, but he shall not use any more force than is necessary.

A detention officer shall not deliberately act in a manner calculated to provoke a detained person.

A detained person who is not employed on voluntary work shall be entitled to the basic diet; a detained person who is employed on voluntary work shall be entitled to the full diet unless he is employed on heavy work when he shall be entitled to the heavy worker’s diet (such diets being the diets of those names set out in the First Schedule to the Prisons Rules).

In the event of there being any question as to which scale of diet is appropriate to a particular detained person, the question shall be decided by the medical officer in consultation with the officer in charge.

The food shall be wholesome in quality and prepared and cooked in clean containers.

The quality and quantity of the food shall be tested as often as is practicable by a detention officer and by the medical officer or, in the absence of the medical officer, by a medical subordinate.

The prescribed weights in the daily scales are the weight of the food before it is cooked.

The daily scales shall not be departed from except with the consent of the Commissioner, or, in the case of a particular detained person, on the written recomm- endation of the medical officer where that officer considers it advisable in the interests of the detained person’s health; and every such alteration shall be entered daily in the hospital diet sheet of the place of detention, and recorded daily in the ration register.