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Section 52 of Penal Code CAP 63: Power to prohibit publications

    

(1) Where the Minister, on reasonable grounds, considers that it is necessary in the interests of public order, health or morals, the security of Kenya, and to be reasonably justifiable in a democratic society, the Minister may, by order published in the Gazette, prohibit the importation of any publication.
(2) Where the Minister, on reasonable grounds, considers that it is necessary in the interests of defence, public order, public morality or public health so to do and to be reasonably justifiable in a democratic society, the Minister may, by order in the Gazette, declare any publication to be a prohibited publication.
(3) There is established a Board to be known as the Prohibited Publications Review Board (hereinafter referred to as “the Board”) which shall comprise—
(a) the Attorney-General or his representative, who shall be the chairman;
(aa) the Director of Public Prosecutions or his representative;
(b) the Commissioner of Police or his representative;
(c) the Director of Medical Services or his representative;
(d) two persons from the religious community, to be appointed by the Minister; and
(e) two other persons of integrity, good character and good standing to be appointed by the Minister.
(4) The members of the Board appointed under paragraphs (d) and (e) of subsection (3) shall hold office for terms of three years each, but shall be eligible for reappointment:
Provided that such members shall not hold office for more than two terms.
(5) The purposes for which the Board is established shall be—
(a) to review all publications prohibited under this section as at the
commencement of this subsection and advise the Minister as to whether such prohibition should be lifted; and
(b) to advise the Minister generally on the exercise of his powers under this section.
(6) The Minister shall, as soon as reasonably practicable after the commencement of this subsection, cause a copy of each of the publications referred to in paragraph (a) of subsection (5) to be considered by the Board pursuant to the provisions of that paragraph.
(7) The Minister shall, within twenty-one days of the prohibition of any publication under this section, cause a copy thereof to be forwarded to the Board for consideration and appropriate advice.
(8) The Minister shall be obliged to act in accordance with any advice given by the Board under this section.
(9) The quorum for the conduct of a meeting of the Board shall be four members.
(10) Subject to subsection (9), the Board may regulate its own procedure.
(11) There shall be a secretary of the Board and such other staff as may be necessary for the proper functioning of the Board.
(12) The secretary and other staff of the Board shall be public officers appointed by the Minister for that purpose.
(13) The expenses of the Board shall be defrayed out of moneys provided by Parliament for that purpose.

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Disclaimer: This document is not to be taken as legal advise.

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