Jimmy Gathu
New Lister
In the wake of the Gen Z demos in Kenya, specifically on the 25th, June 2024, Kenyan youth overpowered police and stormed into parliament causing MPs to scamper for safety and set part of parliament buildings on fire, in an operation dubbed #Occupyparliarment.
The demonstration was caused by a finance bill that was rejected by the people and parliament went ahead to pass it into law. Had the president not conceded to their demands, a hashtag #OccupyStateHouse was already treading in social media. However, a number of youths were shot and killed on the fateful day. So I find it intriguing to learn about protected areas in Kenya, as both Parliament and state house fall under that category.
So what are Protected areas?
The Protected Areas Act, Chapter 204 of the Laws of Kenya, first enacted in 1949 and revised in 2012, establishes legal provisions to safeguard designated areas deemed critical for public safety and order by restricting unauthorized access. Below is a summary capturing the key elements of the Act:
Purpose of the Act
The Act aims to secure certain areas, places, or premises by preventing unauthorized entry when it is deemed necessary for public safety and order. It empowers the relevant authorities to declare such areas as “protected areas.”
Key Provisions
Examples of protected sites include:
State Houses and Lodges
Kenya Army
Police and Law Enforcement Facilities
Petroleum and Industrial Areas
Kenya Petroleum Refineries and Depots:
Research and Specialized Facilities
Other Notable Installations
Significance
The Protected Areas Act ensures the security of critical infrastructure and strategic sites in Kenya. It grants clear authority to the government to restrict access, enforce compliance, and penalize violations while balancing security needs and public safety.
This legal framework is crucial in safeguarding national assets, promoting public safety, and upholding order within sensitive areas.
To learn more, you can look at CAP 204, Laws of Kenya
The demonstration was caused by a finance bill that was rejected by the people and parliament went ahead to pass it into law. Had the president not conceded to their demands, a hashtag #OccupyStateHouse was already treading in social media. However, a number of youths were shot and killed on the fateful day. So I find it intriguing to learn about protected areas in Kenya, as both Parliament and state house fall under that category.
So what are Protected areas?
The Protected Areas Act, Chapter 204 of the Laws of Kenya, first enacted in 1949 and revised in 2012, establishes legal provisions to safeguard designated areas deemed critical for public safety and order by restricting unauthorized access. Below is a summary capturing the key elements of the Act:
Purpose of the Act
The Act aims to secure certain areas, places, or premises by preventing unauthorized entry when it is deemed necessary for public safety and order. It empowers the relevant authorities to declare such areas as “protected areas.”
Key Provisions
- Protected Areas Declaration (Section 3):
- The Minister-In charge on Interior Security, may designate any area as a "protected area" if special precautions are necessary for public safety and order.
- An order declaring a protected area must be published in the Gazette and presented to the National Assembly at its next sitting.
- Entry and Conduct Regulations (Sections 4–6):
- Permission to enter a protected area must be granted by a prescribed authority.
- While in a protected area, individuals must follow specific directions given by authorized personnel or police officers.
- Unauthorized persons found in protected areas may be searched, detained, or removed by authorized personnel.
- Search and Forfeiture (Section 5):
- Authorized officers can search persons, vehicles, or containers entering, leaving, or found in a protected area.
- Items such as arms, ammunition, or explosives discovered unlawfully may be forfeited to the government.
- Arrest and Use of Force (Section 7):
- Individuals who fail to respond to challenges from sentries may be arrested.
- Force, including the use of arms, may only be applied under specific conditions to ensure safety or prevent grievous harm, with the aim to disable rather than kill.
- Fencing and Danger Warnings (Section 8):
- Protected areas must be fenced, and warning notices prominently displayed to prevent accidental or inadvertent entry, particularly during hours of darkness.
- No compensation is provided for injuries or deaths resulting from unauthorized entry.
- Penalties (Section 9):
- Unauthorized entry into a protected area or failure to comply with directives is punishable by up to two years’ imprisonment, a fine not exceeding KES 5,000, or both.
- Possession or conveyance of prohibited items like arms without proper justification can attract up to five years’ imprisonment or a fine not exceeding KES 10,000.
Examples of protected sites include:
State Houses and Lodges
- State House, Nairobi
- State House, Mombasa
- State Lodge, Kisumu
- State Lodge, Sagana, Nyeri
- State Lodge, Eldoret
- State Lodge, Nakuru
Kenya Army
- Langata Barracks, Nairobi
- Kahawa Garrison Camp, Nairobi
- Gilgil Barracks, Nakuru District
- Nanyuki Barracks, Laikipia District
- Nakuru Barracks, Lanet
- Kenya Army Camp, Wajir, Garissa, Mandera, Isiolo, and Moyale
- Kenya Army Ammunition Depots (e.g., Gatharaini, Gilgil)
- Eastleigh Aerodrome, Nairobi
- Nanyuki Aerodrome, Laikipia District
- Mtongwe Jetty, Mombasa
- Kenya Naval Base, Mombasa Mainland South
- Ruaraka, Nairobi
- Gilgil, Nakuru District
- Yatta and Masii, Machakos District
- Turbo, Kakamega District
- Kitui-Garissa Road Camp, Kitui District
- Kenya-Ethiopia Road Camp, Marsabit District
Police and Law Enforcement Facilities
- Criminal Investigations Department (CID) Headquarters, Nairobi
- Mathare Police Depot, Nairobi
- Provincial Police Training Centers (e.g., Nyeri, Nakuru, Kisumu)
- Police Motor Transport Workshops (e.g., Nakuru, Isiolo, Wajir)
- Police General Service Unit (GSU) Camps (e.g., Ruiru, Embakasi, Thika Road)
Petroleum and Industrial Areas
Kenya Petroleum Refineries and Depots:
- Moi International Airport depot, Mombasa
- Depots in Changamwe, Shimanzi, and Kisimayu roads
- Depots in Embakasi (Nairobi), Nakuru, Kisumu, and Eldoret
- LPG and Bitumen Plants
Research and Specialized Facilities
- Kenya Medical Research Institute (KEMRI), Nairobi
- San Marco Project, Malindi
Other Notable Installations
- Armed Forces Memorial Hospital, Nairobi
- Defence Staff College, Karen, Nairobi
- National Defence College, Karen
- Mkunguni Jetty Area, Mombasa
- Ngong Wireless Repeater Station, Kajiado District
- Londiani Wireless Repeater Station, Kericho District
Significance
The Protected Areas Act ensures the security of critical infrastructure and strategic sites in Kenya. It grants clear authority to the government to restrict access, enforce compliance, and penalize violations while balancing security needs and public safety.
This legal framework is crucial in safeguarding national assets, promoting public safety, and upholding order within sensitive areas.
To learn more, you can look at CAP 204, Laws of Kenya
