INTER-AGENCY GUIDELINES ON COOPERATION

AND COLLABORATION IN THE

INVESTIGATION AND PROSECUTION OF
TERRORISM AND TERRORISM FINANCING
© Copyright ODPP Kenya, 2022. All rights Reserved
 PREFACE

I am pleased to present to you Inter-Agency Guidelines on Cooperation

and Collaboration in the investigation and Prosecution of Terrorism and
Terrorism Financing. These guidelines are issued under Section 50(3) of
the Office of the Director of Public Prosecutions Act No. 2 of 2013 which
empowers my office to work with law enforcement agencies to come up
with guidelines for investigating crimes.

With the rise of globalization in this fast-changing technological era, crime

and especially terrorism is taking up new trends. This has necessitated
urgency within the criminal justice sector in responding to these
emerging trends. To curb the challenges posed by a disjointed approach
in addressing serious crimes like terrorism and terrorism financing, a
coordinated Multi-Agency/ Multi-Stakeholder/ Multi-Sectoral approach
towards investigation and prosecution is necessary.

These guidelines are not only aimed at ensuring that there is effective
coordination, collaboration and cooperation in the investigation and
“I am confident that prosecution of Terrorism and Terrorism Financing, but are also meant
to enhance Organizational Partnership between investigative agencies
these guidelines will
and the ODPP. These guidelines bring together more than ten (10)
provide the perfect
Law Enforcement Agencies that are directly and indirectly responsible
tool of engagement
for investigating terrorism and terrorism financing, and taking other
between investigators,
measures to detect or prevent terrorism.
prosecutors and other
law enforcement I am grateful to my team within the ODPP and to all members of the Task
agencies.” Force who have worked tirelessly and meticulously in developing these
Guidelines. Similarly, I express my singular and institutional gratitude to
our international partners, the EU Trust Fund/INTPA “AML-THB Project
in the Greater Horn of Africa and Southern Africa” and to all agencies
who have contributed. I expect this spirit of inter-agency cooperation and
collaboration will guide us in the dissemination and implementation of
these guidelines.

I am confident that these guidelines will provide the perfect tool

of engagement between investigators, prosecutors and other law
enforcement agencies. These guidlines are intended to be a most
practical, daily-use guide, not only for investigators and prosecutors, but
also for judicial officers handling terrorism-related cases and for other
justice actors within our criminal justice system.

NOORDIN M. HAJI, CBS, OGW

DIRECTOR OF PUBLIC PROSECUTIONS

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ACKNOWLEDGEMENTS
I wish to thank and acknowledge the Director of Public
Prosecutions, Mr. Noordin M. Haji, for his contribution
in the development of these guidelines. It is through
his wisdom that a multi-agency, multi-stakeholder
and multi-sectoral taskforce was convened for the
purpose of coming up with the guidelines. The fruits of
these efforts are bound to benefit all the actors within
the criminal justice system in counter-terrorism and
counter-financing of terrorism. Mr. Haji not only
provided the necessary support and resources but
was instrumental in offering guidance throughout the
process.
I also wish to express special gratitude to the EU Trust
Fund/INTPA “AML-THB Project in the Greater Horn
of Africa and Southern Africa”, Project Director Mr.
Frederic Bayard, Senior Technical Advisor to the
Project Ms. Alma Wanyama and the entire AML-
THB Team in general for facilitating the participants
throughout the process of deliberating on these
guidelines. Special recognition is also given to Dr.
Nabil M. Orina, the Consultant. His insightful input
and expertise was integral in the realization of these
guidelines.
Last but not least, I would like to give special thanks to
the all the State and non-State actors who participated
in the deliberations, formulation and development
of these guidelines. I want to acknowledge and thank
the ODPP technical team comprising of Mr Michael
Sang, Mr Peter Kiprop, Mr Eddie Kaddebe, Mr Duncan
Ondimu OGW, Mr Allen Mulama, Mr Harrison Kiarie,
Ms Fatma Ali Ahmed, Ms Agatha Abang, Ms Jillo Guyo
ii
Waqo, Ms Joyce Wangui Gacheru and Mr Kelvin Kamau
for coordinating and moderating at the various stages
during the consultative workshops and for their active
participation throughout the exercise.
Special recognition is also given to all taskforce members
from each agency for their invaluable contribution in the
five (5) week period that saw the coming to being of these
guidelines. In particular, I wish to recognize the efforts
of Mr Adow Deiss Mohamed (ARA), Jennifer Gitiri
HSC (ARA), Michael Owuor (CBK), Georgina Muthama
(CBK), John Ekadah (KRA), George Ochieng (KRA),
James Manyonge (FRC), Mwai Kennedy (FRC), Edwin
Rioba (NCTC), Edna Ipalei (NCTC), Yusuf Hassan
(Immigration), Christine Gathoni Kinyua (Immigration),
Fiona Josephine Nakhone Owuor (Immigration), Isaiah
Kiprotich Koech (JCTAC), Vincent Sarara Robi (JCTAC),
Zipporah Njenga (JCTAC), Khamisi Stephen Ngereso
(DCI-ATPU), Joseph Kolum (DCI-ATPU), Erick Opagal
Okisai (JTTF-K),Wendy N. Ouma (JTTF-K), Emmanuel
Ndunda (KPS), Joseph Jude Oumah (PACS), Rosette
Ochoo Auma (Haki Africa), Stephen W. Musau (Amnesty
International- Kenya), Betty Nthenya Wambua (IJM),
and Tali Israel Tali (Legal Researcher). I am also
grateful to the umpires of justice for their input during
the discussions. In particular special thanks go to Hon.
Diana Rachael Kavedza (Judiciary) and Hon. Agnes
Wahito Mwangi (Judiciary).
Thank You.
DORCAS ODUOR, EBS, OGW, SC
SECRETARY PUBLIC PROSECUTIONS
NOTE FROM THE HEAD OF DIVISION

I am grateful to the Director of Public Prosecutions Mr. Noordin M. Haji, CBS, OGW for providing
a platform for inter-agency engagement to enrich the formulation, drafting and compilation of
this guidelines. The formulation of these guidelines could not be achieved without his foresight
and leadership.Kenya stands out as a pioneer in the East African Region with this milestone.

Kenya conducted its National Risk Assessment (NRA) on AML/CFT in the year 2020/2021. In
February 2022, Kenya went through a Mutual Evaluation exercise on AML/CFT in line with
FATF Recommendations. Resulting from the recently concluded National Risk Assessment and
Mutual Evaluation exercise, AML/CFT/PF Action Plan was developed. One of the key areas of
focus is building capacity in detection, investigations and prosecution of terrorism financing. In
order to support this course, investigators should prioritize terrorism financing in all terrorism
investigations.

I thank Madam Dorcas Oduor, EBS, OGW, SC for her contributions and review of the guidelines
towards the end of the exercise, her experience was helpful in improving the document.

My appreciation also goes to the EU Trust Fund/INTPA “AML-THB Project in the Greater
Horn of Africa and Southern Africa”, Project Director Mr. Frederic Bayard and Senior Technical
Advisor to the Project Ms. Alma Wanyama for the technical assistance and financial support.

I also wish to recognize Dr. Nabil M. Orina for his patience in listening to and incorporating
divergent views. His in-depth research and strong work ethic were key in the expeditious
completion of this execrise.

Special thanks to taskforce members of all agencies for the informative debates, open and active
plenary sessions, critiques, review and staying late into the night in order to accomplish this
task.

Finally, to all principals who heeded the DPP’s clarion call, I remain forever indebted. These
guidelines provide an avenue for all law enforcement agencies and other criminal justice actors
to foster organizational partnership therefore bolstering cooperation and collaboration between
all agencies with the common goal and objective to commit to work together and share resources
to combat terrorism and terrorism financing.

MICHAEL SANG, SADPP

HEAD, COUNTERTERRORISM & INTERNATIONAL, TRANSNATIONAL AND
ORGANIZED CRIME DIVISION

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 These guidelines were developed by the ODPP in collaboration with the
agencies whose principals have appended their signatures below.

……………………………………………..

NOORDIN M. HAJI, CBS, OGW

DIRECTOR OF PUBLIC PROSECUTIONS

.............................................…….. .............................................……..

Dr. Patrick Njoroge, CBS FCPA Githii Mburu, MGH

Governor, Central Bank of Kenya (CBK) Commissioner General Kenya Revenue Authority
(KRA)

........................................................ ......................................................

Mr. Hillary Mutyambai, MGH, NSC(AU) Mr. Saitoti Ole Maika

Inspector General of Police Director General Financial Reporting Center (FRC)

......................................................... ......................................................

Mr. Alexander Muteshi, CBS, OGW, ndc ‘K’ Dr. Rosalind Nyawira
Director General, Directorate of Immigration Director, National Counter Terrorism Centre (NCTC)

………………………………………………….. ......................................................

Colonel Alice Mate Mrs. Mary W. Mbau, HSC

Director, Assets Recovery Agency (ARA) Secretary, Probation and After Care Services

...........................................................

Brigadier (Rtd) John Kibaso Warioba

Commissioner General of Prisons

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Table of Contents
PREFACE i

ACKNOWLEDGEMENTS ii

NOTE FROM THE HEAD OF DIVISION iii

LIST OF ABBREVIATIONS vi

PART I 1

INTRODUCTION 1

DEFINITIONS 2

OBJECTIVES OF THE GUIDELINES 4

GUIDING PRINCIPLES 4

GENERAL OBLIGATIONS TO COOPERATE AND COLLABORATE 4

PART II: SPECIFIC GUIDELINES 6

GUIDELINE 1: INFORMATION SHARING 6

GUIDELINE 2: CONFIDENTIALITY AND SECURITY OF INFORMATION 9

GUIDELINE 3: PROTECTION OF DATA 9

GUIDELINE 4: INVESTIGATIONS 10

GUIDELINE 5: ENFORCEMENT 16

GUIDELINE 6: PROSECUTION 19

GUIDELINE 7: DISENGAGEMENT 20

GUIDELINE 8: COMMUNITY ENGAGEMENT 21

GUIDELINE 9: DETENTION OF REMANDEES AND CONVICTS 22

GUIDELINES 10: RESPECT FOR HUMAN RIGHTS 23

GUIDELINE 11: WITNESSES AND VICTIM PROTECTION 24

GUIDELINE 12: CAPACITY BUILDING 25

GUIDELINE 13 INTERNATIONAL COOPERATION 25

PART III: GENERAL PROVISIONS 27

IMPLEMENTATION MECHANISMS 27

HARMONIZATION OF INTERNAL PROCEDURES AND OTHER AGREEMENTS 27

ANNEX A 28

ANNEX B 29

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 LIST OF ABBREVIATIONS

AML Anti- Money Laundering

ARA Assets Recovery Agency

ARINSA Asset Recovery Inter-Agency Network for Southern Africa

ATPU Anti-Terrorism Police Unit

BCOCC Border Control and Operations Coordination Committee

CBK Central Bank of Kenya

CFT Counter-Financing of Terrorism

CT Counter-Terrorism

DCI Directorate of Criminal Investigations

DRR Disengagement, Rehabilitation and Reintegration

EACC Ethics and Anti-Corruption Commission

EAPCO Eastern Africa Police Chiefs Cooperation Organisation

FATF Financial Action Task Force

FIU Financial Intelligence Unit

FRC Financial Reporting Centre

INTERPOL International Criminal Police Organisation

JIT Joint Investigation Team

KRA Kenya Revenue Authority

KPS Kenya Prison Service

MLA Mutual Legal Assistance

MOU Memorandum of Understanding

NCTC National Counter-Terrorism Centre

NCRC National Crime Research Centre

NDA Non-Disclosure Agreement

NIS National Intelligence Service

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NSCVE National Strategy to Counter Violent Extremism

ODPP Office of the Director of Public Prosecutions

PACS Probation and After Care Service

PF Proliferation Financing

PISCES Personal Identification Secure Comparison and Evaluation

System

POCAMLA Proceeds of Crime and Anti-Money Laundering Act

POTA Prevention of Terrorism Act

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 PART I

INTRODUCTION
One of the key priorities of the Government of Kenya is to ensure that the safety and security of its
citizens and visitors is protected from all threats. Kenya has maintained its commitment in the fight
against terrorism and terrorism financing through the incorporation of a robust Counter-Terrorism
(CT) and Counter-Financing of Terrorism (CFT) legal and institutional framework. Under the existing
framework, Kenya has multiple agencies that are involved directly and indirectly in combating
terrorism and terrorism financing. Each of the agencies is equipped differently with its own unique
capacities thus necessitating the need to put their efforts together in the CT and CFT quest. This,
therefore, calls for close collaboration between law enforcement agencies in order to ensure the safety
and security of the country.

There is need to ensure that the country has a collaborative approach for investigations and prosecution
of terrorism and terrorism-related offences. This will enhance the optimal use of shared information
between the various law enforcement agencies and the ability to prosecute cases in the most efficient
and effective manner. Familiarity among law enforcement agencies, before any crisis, enhances each
other’s capacity in handling emerging issues during investigations and prosecution.

The Director of Public Prosecution (DPP) is mandated under Section 50(3) of the Office of the Director
of Public Prosecutions Act (ODPP Act) to, upon consultation with the Inspector-General of Police and
other investigative agencies, issue guidelines on cooperation and collaboration in the investigation of
crimes. These guidelines are prepared and issued under this authority.

The guidelines provide for a framework and a model for cooperation, collaboration and coordination
between the agencies tasked with countering terrorism and terrorism financing in Kenya. They
are based on the primary laws governing the mandate and operations of each of the agencies. The
guidelines complement the existing legal framework and operationalize collaboration, cooperation
and coordination amongst the agencies in counter-terrorism and counter-financing of terrorism.

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DEFINITIONS
In these guidelines, unless the context otherwise provides:-

Agency shall refer to those agencies involved in counter-terrorism and counter-financing of terrorism.
These agencies include agencies listed under Annex A

Classified information means information of a particular security classification, whose

unauthorized disclosure would prejudice national security.

Concerned/Relevant agency refers to any agency that is directly interested in the subject matter
of an ongoing investigation.

De-radicalization refers to concerted efforts directed at radicalised individuals to cause them to

change their views to reject violent extremist ideologies and to seek to act within Kenya’s legal and
constitutional bounds. It is often aimed at prisoners convicted of terrorist acts.

Disengagement refers to the process of deserting, defecting or demobilising from terrorist groups
and activities. This is a behavioural or declarative act and does not necessarily include the psychological
and social dimensions of de-radicalisation.

Financial Institution has the same meaning assigned under the Prevention of Terrorism Act
(POTA).

Investigative agency means a law enforcement agency that conducts investigations into suspected
cases of terrorism or terrorism financing.

Lead agency means the agency that has the primary mandate in an investigation into suspected
cases of terrorism or terrorism financing that may involve other agencies.

National Security shall have the same meaning assigned under Article 238(1) of the Constitution
of Kenya 2010.

Personal data shall have the same meaning assigned under Section 2 of the Data Protection Act.

Proliferation financing refers to the act of providing funds or financial services which are used, in
whole or in part, for the manufacture, acquisition, possession, development, export, trans-shipment,
brokering, transport, transfer, stockpiling or use of nuclear, chemical or biological weapons and their
means of delivery and related materials (including both technologies and dual-use goods used for
non-legitimate purposes),1 in contravention of national laws and Kenya’s international obligations.
Rehabilitation is a process of re-educating and retraining prisoners, and individuals who have been
taken through disengagement and de-radicalisation programmes, to ensure social re-integration.
Reintegration refers to actions that support the social, ideological, psychological, and economic
wellbeing of rehabilitated individuals as they return to live with their families and communities, and
that ensure that they remain peaceful and law-abiding in the long run.

1 Financial Action Task Force, Proliferation Financing Report, 18 June 2008.

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 Supervisory body has the same meaning assigned under Section 2 of POCAMLA and also includes
an agency that has legal authority to examine the financial records of an individual or an entity to
check compliance.

Terrorist Act shall have the same meaning assigned under POTA.

Terrorism financing means the offence specified in Section 5 of POTA.

Terrorism-Related Offences includes all offences, other than the commission of a terrorist act,
which are established under the Prevention of Terrorism Act and any other written law, with the aim
of punishing acts which contribute to the efforts of a terrorism act whether it happens or not.

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OBJECTIVES OF THE GUIDELINES
With the aim of establishing a structured and professional approach for cooperation, collaboration and
coordination, these guidelines seek to achieve the following specific objectives: -

a. Develop an inter-agency framework for effective cooperation, collaboration and coordination in

the investigation and prosecution of terrorism and terrorism financing.

b. Foster accountability, efficiency and expeditiousness in the investigation and prosecution of

terrorism and terrorism financing.

c. Enhance inter-agency information sharing and provide for a model for inter-agency information
sharing.

d. Provide for a framework for joint trainings and capacity building within and among the agencies.

GUIDING PRINCIPLES
The implementation of these guidlines shall be guided by the following key principles underpinning
cooperation, collaboration and coordination:

a. Professionalism and integrity;

b. Fidelity to the law and shared responsibility;

c. Transparency and accountability;

d. Confidentiality;

e. Patriotism and nationalism;

f. Efficiency;

g. Teamwork.

GENERAL OBLIGATIONS TO COOPERATE AND COLLABORATE

Subject to their primary written laws, agencies have a general obligation to collaborate and cooperate in
the investigation and prosecution of terrorism and terrorism financing. Each agency shall perform its
mandate and functions as prescribed in the respective primary legislation and shall have such powers
as set out therein.

Without prejudice to the generality of the aforementioned, and subject to primary legislation:

a. Agencies have a general duty to cooperate with the ODPP in the investigations and prosecution of
terrorism and terrorism financing pursuant to Section 27 of the ODPP Act.

b. Agencies have a duty to disclose to the ODPP all material facts and information collected in the
course of an investigation that may reasonably be expected to assist the prosecution or defense of
terrorism and terrorism financing pursuant to Section 26 of the ODPP Act.

c. The Directorate of Criminal Investigations (Anti-Terrorism Police Unit) (DCI-ATPU) has a general
obligation to collaborate, cooperate and coordinate with other relevant agencies in combating
terrorism and terrorism financing pursuant to Section 34(i) of the National Police Service Act.

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 d. The National Intelligence Service (NIS) shall advise and support other agencies in combating
terrorism and terrorism financing pursuant to Section 5(1) of the National Intelligence Service Act.

e. The National Counter Terrorism Center (NCTC) has a general obligation to coordinate measures to
combat terrorism and terrorism financing pursuant to Section 40B of the Prevention of Terrorism
Act including establishing and maintaining a database to assist other agencies.

f. The National Crime Research Centre (NCRC) has a responsibility to share its research findings
and recommendations on terrorism and terrorism financing to the relevant agencies pursuant to
Section 5 of the National Crime Research Center Act.

g. The Financial Reporting Center (FRC) has, pursuant to Section 23 of the Proceeds of Crime and
Anti Money Laundering Act as well as Section 42 of the Prevention of Terrorism Act, the general
obligation of gathering data regarding all suspicious financial transactions linked to terrorism
financing from all financial institutions and sharing such information with the relevant agencies.

h. Supervisory bodies have, in accordance with their mandates, the obligation to take administrative
and enforcement measures against suspicious transactions that may have a bearing to terrorism
or terrorism financing.

i. Kenya Revenue Authority (KRA) shall undertake tax affairs check for CT/CFT suspected cases,
share and receive relevant information with other relevant agencies, undertake administrative
and enforcement measures against suspicious transactions that may have a bearing on terrorism
or terrorism financing, and any other obligation under tax laws.

j. The FRC, law enforcement agencies, supervisory bodies and other relevant competent authorities
have a general duty to cooperate, and, where appropriate, coordinate with each other concerning
the implementation of regulations, policies and activities to combat terrorist financing and the
financing of proliferation of weapons of mass destruction.

k. Agencies have an obiligation to provide relevant information to a probation officer for purposes of
making a report.

l. Agencies shall observe strict adherence to relevant United Nations Security Council Resolutions
relevant to terrorism financing and proliferation financing.

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PART II: SPECIFIC GUIDELINES
GUIDELINE 1: INFORMATION SHARING
Information
1.1. Agencies may share any type of existing
information or data; appraised, processed
and analyzed or not, that could be used in an
investigation to detect, prevent or investigate,
terrorism, terrorism financing, and terrorism-
related offences. Such information includes:
i. information in records or files kept by
law enforcement agencies;
ii. information kept in records or files
by other agencies, to which law
enforcement agencies have access,
either directly or indirectly;
iii. Any other information or data;
appraised, processed and analyzed or
not, that has been obtained within the
framework of a criminal investigation.
General Obligation
1.2 To enhance information sharing, agencies shall
collaborate, cooperate and coordinate with each
other to mutually exchange information on
terrorism and terrorism financing. The objective
is to leverage resources and expertise while
improving the ability to detect, prevent, and
effectively investigate and prosecute terrorism
and terrorism financing. Agencies, to that end,
shall ensure mutual exchange and mutual
sharing of information.
Focal Points
1.3 Each agency shall, in accordance with its
internal procedures, designate a focal point for
efficient sharing and exchange of terrorism and
terrorism financing information.
1.4 The focal point shall have a designated
individual who shall be the responsible liaison
person for expediting receipt of information
and response to requests for information
among the agencies.
1.5 Agencies shall share with each other the name
and designation of the focal point in their
agency.
Modalities for information sharing
1.6 Information may be requested for the purpose
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 of detection, prevention or investigation of
an offence under POTA where the requesting
agency has reasons to believe that the
requested agency is in custody of such
information.
1.7 A request for information shall specify: -
1.7.1 The nature of the information
requested.
1.7.2 The purpose of the information.
1.8 Upon receipt of a request for information
and evaluating the nature and purpose of the
information requested, an agency may: -
1.8.1 Share such information without
delay to the requesting agency.
1.8.2 Decline such a request to share
information and provide reasons
for doing so in accordance with
guideline 1.25.
1.9 Agencies shall retain control of the
information shared with any requesting
agency. In accordance with guideline 2, an
agency may put security safeguards on any
information shared to a requesting agency.
1.10 In conducting investigations, the lead agency
shall ensure that all concerned agencies
are involved in the investigations and are
provided access to relevant information
from the beginning of any such investigation,
through the course of the investigations, and
up to the end.
1.11 Without prejudice to the above guidelines,
the agency having custody of relevant
information shall, without being so requested,
provide to the concerned agency or agencies
information in case there are factual reasons
to believe that the information could assist
in the discharge of the mandate of the
concerned agency or agencies.
1.12 The provision of information shall be limited
to what is deemed relevant and necessary
for the successful detection, prevention or
investigation of the crime or criminal activity
in question.
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1.13 Information obtained pursuant to these
guidelines shall only be used for such specified
purposes with which the information was
obtained.
1.14 If, in the course of utilizing information
obtained under these guidelines, an agency
discovers facts that may be relevant to other
investigations not within its mandate, such
agency shall notify the agency that provided
the information in the first instance and refer
such discoveries to the relevant agency.
1.15 To further facilitate sharing of information,
agencies may enter into Non-Disclosure
Agreements (NDAs). Where an NDA is used,
it shall also indicate its legal and practical
implications, define information considered
as confidential, the types of information it
will cover as well as identify consequences for
violation of the NDA.
Feedback Mechanisms
1.16 Agencies shall share feedback with each other
from time to time. In particular, agencies shall
keep each concerned agency with up to date
information on any relevant investigations
where practically possible. Moreover, any new
developments and updates on investigations
shall be brought to the attention of the
concerned agency promptly.
1.17 Agencies shall, without delay, refer cases
where another agency is the concerned agency
and the concerned agency shall periodically
provide up to date information on the progress
and steps taken with respect to any such
investigations.
Sharing information with third parties
1.18 An agency shall not share information
obtained from another agency with a third
party without the authorization of the agency
which provided such information.
1.19 No information relating to the investigation
and prosecution of terrorism or terrorism
financing obtained under these guidelines
shall be disclosed to any third party, including
the media without prior authorization.

Timeliness
1.20 Timeliness in sharing information is a crucial
factor in enabling agencies to act promptly.
1.21 Information requested shall be provided
without delay, and, to the furthest possible
extent, within the timeframe requested. If
information cannot be provided within the
requested timeframe, the requested agency,
having received a request for information
shall indicate the timeframe within which it
can be provided. Such an indication shall be
made immediately.
1.22 Agencies shall ensure that they have
procedures in place to enable them to
respond within at most 24 hours to requests
for information where the requesting agency
indicates that it is carrying out an investigation
on a suspected case of terrorism, terrorism
financing or terrorism-related offence.
1.23 Where the requesting agency indicates that it
wishes to have the information urgently, the
requested agency shall use its best endeavors
to respond quickly to the request.
Delay and Refusal
1.24 Without prejudice to the above, if the
requested agency considers that there are
circumstances which may cause a significant
delay in complying with the request, it shall
promptly inform the requesting agency of
such circumstances.
1.25 A request for information under these
guidelines may be denied in any of the
following circumstances
1.25.1 Where the requested information
is not in custody or control of the
agency requested to provide such
information;
1.25.2 Where there is a high likelihood
that granting such information may
jeopardize the success of an ongoing
investigation;
1.25.3 Where the information requested is
clearly disproportionate or irrelevant
with regard to the purposes for which
it has been requested;
1.25.4 Where sharing of the requested
information may prejudice national
security.
1.26 Such reason(s) for denial under 1.25 shall
be communicated to the requesting agency
promptly.
Counter-terrorism Database
1.27 NCTC shall, in accordance with Section 40A
of the Prevention of Terrorism Act, establish
and maintain a database of information
on terrorism, and terrorism financing to
assist the other agencies in executing their
mandates.
1.28 Agencies shall share information with NCTC
pursuant to Section 40 C of the Prevention
of Terrorism Act and in accordance with
these guidelines where such information
is so requested by NCTC or where such
information is necessary to assist NCTC to
carry out its mandate.
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GUIDELINE 2: CONFIDENTIALITY AND
SECURITY OF INFORMATION
2.1 Agencies shall, in accordance with legislation,
regulations or any internal working
procedures, safeguard the confidentiality
of all provided information determined as
confidential or classified.
Security measures
2.2 Each agency shall take reasonable measures
to ensure that information shared in
accordance with these guidelines is
safeguarded.
2.3 Agencies shall, in particular, take reasonable
measures to prevent unauthorized use or
disclosure of confidential information.
2.4 Agencies shall put in place measures to
ensure information security especially with
respect to information that is shared among
the agencies. Specifically, agencies shall
consider adopting established models for
secure information sharing. For purposes
of information security, agencies shall put
in place measures for limiting access to
information shared among the agencies,
authorization as well as encryption of data.
2.5 Agencies shall take measures to ensure
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that any new developments in modes of
sharing and exchange of information are
accompanied by effective measures for
security of information.
2.6 While security of information is central,
it should not be used to unreasonably
inhibit the sharing and exchange of crucial
information needed in the investigation
and prosecution of terrorism and terrorism
financing
GUIDELINE 3: PROTECTION OF DATA
General Data Protection Obligations
3.1 Each Agency shall ensure the information
obtained under these guidelines is collected,
processed and secured as provided for
under the Data Protection Act.
3.2 In interactions with each other, agencies
shall at all times adhere to data protection
policies and principles whenever there is
inter-agency sharing of data.
3.3 Agencies shall, pursuant to Section 24
of the Data Protection Act, designate an
officer who shall be the Data Protection
 Officer and shall perform such functions as
prescribed under the Data Protection Act.
Exceptions to data protection principles
3.4 The general exemptions to the Data
Protection Act as provided under Section
51 of the Data Protection Act shall apply
to these guidelines. In particular, the
processing of personal data shall be exempt
from the provisions of the Data Protection
Act where such processing is necessary for
national security or public interest.
GUIDELINE 4: INVESTIGATIONS
General roles and obligations in Investigations
4.1 In accordance with the National Police
Service Act and the regulations thereunder,
the DCI-ATPU, shall be the lead agency in
investigating suspected cases of terrorism
and terrorism financing.
4.2 Notwithstanding the above, any other
agency may, in pursuance of its mandate,
conduct and compliment investigations
into aspects of terrorism or terrorism
financing.
4.3 Investigations under these guidelines shall
be prosecution guided.
4.4 The ODPP shall be notified of investigations
into terrorism and terrorism financing from
inception and be provided access to all the
relevant information throughout the entire
process.
4.5 The ODPP shall guide investigations into
terrorism and terrorism financing pursuant
to the provision of the Constitution of
Kenya, 2010 and the ODPP Act.
4.6 Concerned agencies with a common
interest in an investigation may form
ad hoc joint investigation teams (JITs),
whenever necessary to do so.
4.7 A JIT shall be comprised of expertise from
the relevant agencies and may determine
roles, the mode of its working and aspects
of investigations to focus on.
4.8 Agencies may also designate their officers
to work with officers of other agencies on
an ad hoc basis.
4.9 Where a JIT has been formed it shall
periodically submit reports to the principals
of agencies involved on its operations and
progress.
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Pre-Arrest
4.10 The DCI-ATPU shall rely on
information from any agency in the
course of investigations leading to
the arrest of persons suspected of
terrorism and terrorism financing.
Save for exceptional circumstances,
investigative agencies should inform
the ODPP:
i. When the investigating officer
is considering building an
evidential case relating to a
suspect against whom there is
an intelligence picture;
ii. When an arrest is being
contemplated;
iii. When any ancillary application
is being contemplated e.g.
Search Warrants (Financial
transactions, Premises,
preservation orders) intercept
order; detention order;
restraint of assets etc;
iv. In any other case where it
is clear that advice from the
ODPP may be needed as soon
as practicable.
4.11 Where an arrest is made without
prior notification of the ODPP, the
ODPP shall be notified immediately.
Pre-Arrest Conference
4.12 Where an arrest is being contemplated,
the ODPP and the investigating officer
will ensure that a pre-arrest conference
is held as soon as possible after
notification from the investigating
officer to the ODPP. The Prosecutor
will offer the required advice that may
include:
i. Possible offences to charge;
11
ii. Lines of enquiry to take including
investigations of terrorism financing;
iii. Admissibility of evidence;
iv. Potential need for expert evidence;
v. Possible legal applications e.g. restraint
of assets or applications for mobile phone
data records;
vi. Identification of issues and applications
relevant to witness protection and public
interest immunity;
vii. How to obtain evidence from abroad
(Mutual Legal Assistance - MLA);
viii. Extradition of individuals from abroad;
ix. How evidence should be presented in
court;
x. Whether parallel financial investigations
of terrorism financing should be pursued;
xi. Notification to the Kenya Revenue
Authority to check the tax affairs of the
suspect, and the potential involvement
of the Financial Reporting Centre (FRC)
and/or Ethics and Anti-Corruption
Commission (EACC), and/or Asset
Recovery Agency (ARA). If so, the ODPP
will, without delay, initiate contact with
those agencies in order to take forward
the financial aspects of the investigation;
xii. Evidential and legal consequences of a
proposed investigative technique;
xiii. Setting a timetable for disclosure of
evidence and subsequent meetings to
review;
xiv. That the prosecutor and the investigating
officer will ensure that they regularly
conference for purpose of discussing
progress of investigations;
xv. To consider the involvement of NCTC on
a case by case basis;
 xvi. Consideration of bail and/or any
other applications.
Arrest
4.13 It is the primary responsibility of the DCI-
ATPU to apprehend suspects of terrorism
and terrorism financing pursuant to
Section 35(e) of the National Police Service
Act.
4.14 Notwithstanding the above, any police
officer or other agency may apprehend a
suspect of terrorism or terrorism financing
pursuant to the Constitution or any other
written law.
4.15 In case of an arrest under 4.14, the
arresting agency shall promptly notify the
DCI-ATPU.
4.16 Upon arrest of a suspect of terrorism or
terrorism financing, the arresting officer
shall comply with the provisions of article
49 of the Constitution.
4.17 Without prejudice to the generality of
4.16, the arresting agency shall inform the
arrested person of the reasons for arrest,
their right to remain silent, as well as their
right to communicate with an advocate,
and other persons whose assistance is
necessary.
4.18 An arrested person shall not be compelled
to make any confession or admission that
could be used in evidence against them.
4.19 An arrested person shall not be held for
a period exceeding 24 hours unless such
orders as necessary for the continued
detention have been sought and granted in
line with POTA and these guidelines.
Post-Arrest Procedures
4.20 NCTC may upon request of the ODPP and
the DCI-ATPU or any investigative agency
conduct a psychosocial assessment of
persons suspected of terrorism or terrorism
financing and prepare a psychosocial
assessment report.
4.21 A psychosocial assessment under 4.20
shall be voluntary or pursuant to a court
order.
4.22 Requests for psychosocial assessment of
persons suspected of terrorism or terrorism
financing shall be done through a letter to
the director, NCTC. Such a request shall be
copied to the agency where the suspect is
held in custody.
4.23 The psychosocial assessment report shall
identify the risk and needs which will help
in establishing the level of radicalization
4.24 The psychosocial assessment shall be done
within seven (7) working days from the
time the request is made.
4.25 Whenever necessary to detain a suspect
before a charge under POTA is preferred,
an investigating officer shall, under the
guidance of the ODPP seek pre-charge
remand orders under Section 33 of POTA.
Interviews
4.26 Agencies shall take a holistic approach to
investigations and where necessary invite
other agencies to interviewing of suspects
of terrorism and terrorism financing.
4.27 Wherever possible agencies shall share
interviewing reports with other relevant
agencies in accordance with the guidelines
on information sharing herein.
4.28 When conducting an interview, statements
shall be recorded by the appropriate
officer.
4.29 If any confession is to be relied upon, it
must have been obtained in accordance
with the Evidence Act (Out of Court
Confession Rules 2009).
4.30 Should the suspect make any voluntary
verbal statement before arrest, the
investigating officer shall record those
12
 statements in a charge and cautionary
statement for the prosecutor.
4.31 At the time of arrest, the investigating
officer should, in addition to informing
the suspect of the right to remain silent,
caution the suspect appropriately before
inviting him or her to consider making
a formal statement. This should also be
recorded in the charge and cautionary
statement.
Case Conference
4.32 The investigating officer and prosecutors
will review information gathered during
interviews and make appropriate
recommendation on whether to charge.
4.33 The lead agency shall consult with other
relevant agencies on lines of inquiry to
pursue and possible charges to prefer
against a suspect.
4.34 In case the information gathered
does not satisfy the requirements for
2 Gazette Notice No.1043 of 2022 and pursuant to Section 9 (1) and 9 (2) of the Computer Misuse and Cybercrimes
Act on Designation of Critical Infrastructure.
13
charging, the ODPP shall recommend
release of the suspect.
4.35 Where circumstances so dictate and
a prosecution is not warranted, a
recommendation shall be made to NCTC
for disengagement in accordance with
Guideline 7.
Parallel Investigations
4.36 Whenever an investigation into a suspected
case of terrorism is opened, a parallel
investigation into terrorism financing shall
be opened, and vice versa.
4.37 Investigations into suspected cases
of money laundering shall include
investigations into the possibility of
terrorism financing.
4.38 Investigations into other organized crimes
shall also pursue terrorism and terrorism
financing angles.
4.39 Investigations into terrorism and terrorism
financing shall reflect current trends which
 may include changes in technology,
methodology, cyber terrorism, the use
of non conventional currency eg crypto
currency and offences under the Computer
Misuse and Cybercrimes Act or any other
law in force from time to time.
4.40 The lead agency and ODPP shall
closely pursue any incidents involving
perpetrators of criminal or negligent acts
that interrupt life sustaining services and
who impair the availability of critical
infrastructure by any form of interference
or sabotage or vandalism of power supply
or incapacitation of critical infrastructure.2
4.41 The lead agency and any other relevant
agency shall closely pursue any suspicious
reports involving illicit trade in dual-
use goods to prevent the proliferation of
weapons in accordance with UN Security
Council Resolution 1540.
4.42 The lead agency and other relevant
investigative agencies shall take
cognizance of emerging/evolving
threats from the cyberspace and more
specifically dangers posed by unregulated
cryptocurrencies in order to mitigate risks
posed by terrorism, terrorism financing,
and proliferation financing.
4.43 The lead agency and any other relevant
agency shall closely pursue any incidents
involving the unlawful trade and dealing
with Unmanned Aircraft Systems
commonly referred to as ‘Drones’ to
prevent any imminent aviation attack or
any foreseeable National Security risk
on land, at Sea and specifically to civil
aviation safety and security.
Investigating Terrorism Financing
4.44 As a principle, all terrorism and terrorism
financing investigations shall be on the
basis of “follow the money”. In particular:
4.44.1 Investigators shall gather all
the required information on
financial transactions in every
terrorism investigation and in the
investigation of other terrorism
financing offences including the
14
 financial records obtained from
the FRC, intelligence sources or
from the testimony of witnesses.
4.44.2 While the responsibility for investigating
the financing of terrorism lies with the
DCI-ATPU, the investigators shall work
in a collaborative manner with other law
enforcement agencies such as the customs,
immigration, and the FRC during the
course of investigations
4.44.3 The investigating officer should always be
aware that terrorism financing is financed
from both legitimate and illegitimate
activities. Therefore, any financial
investigation into other criminal activities
should involve terrorism financing
investigations as a parallel investigation to
an already open criminal investigation in
circumstances where there is information
of possible association with terrorist
individuals/organizations.
4.44.4 All investigative agencies shall remain
cognisant of risks posed by national
payment service providers, mobile
money remittance services, forex and
virtual currencies commonly known as
cryptocurrencies to terrorism, terrorism
financing, and proliferation financing
as outlined in circulars, guidelines,
regulations, and statutes.3
4.44.5 The investigator shall liaise with other law
enforcement agencies to obtain relevant
information necessary for initiating and
pursuing terrorism financing investigations
including from the FRC, from other
criminal cases (open or closed) informants,
witnesses, co-accused and defendants,
intelligence gathered on terrorist groups
and their associates, financial institutions
and other non-financial businesses and
professions.
4.44.6 If the investigator knows that the subject of a
potential terrorism financing investigation
has linkages with other terrorist subjects
in another country, he/she should have the
FRC contact its counterpart in that other
country to request a database search on
the subject for potential leads on foreign
terrorist fighters.
4.44.7 Every interview of a terrorism financing
suspect shall include questions about all
terrorism financing activities relating to
collection, movement and usage of funds
to terrorist organizations even when such
funds have not been used to conduct any
particular terrorist activity.
Pre-trial procedures for investigating Terrorism
and Terrorism financing
4.45 Whenever necessary for purposes of
collecting evidence, the DPP or the
Inspector General of the National Police
Service may authorize a police officer of the
rank of Chief Inspector of Police or above
to seek pre-trial orders for interception of
communication pursuant to Section 36 of
POTA.
4.46 Whenever necessary to safeguard the
safety of witnesses and the confidentiality

3 Legal Notice No. 46 of March 18, 2022 of the Central Bank of Kenya (Digital Credit Providers) Regulations, 2022 pursuant
to the Central Bank of Kenya Act; Banking Circular No. 14 of 2015 of December, 2015 to all chief executives of commercial
banks, mortgage finance companies and microfinance banks on Virtual Currencies – Bitcoin; Legal Notice No. 109 of 1st
August 2014 the National Payment System Regulations, 2014 issued pursuant to the National Payment System Act No.39
0f 2011 (Refer to regulation 60 payment service providers shall comply with AML/CFT); Legal Notice No. 66 of 19th April,
2013 the money remittance Regulations, 2013 issued pursuant to the Central Bank of Kenya Act, Cap 491; Central Bank of
Kenya Prudential Guidelines, January 2013 for institutions licensed under the Banking Act (refer to Guideline No. 8 on
Anti- Money Laundering and Combating the financing of terrorism at p.203, part III background 3.1 Money Laundering,
3.2 Terrorist Financing and 3.3 Proliferation Financing); Forex Bureau guidelines 2011 issued pursuant to the Central
Bank of Kenya Act (Refer to paragraph 7 and 8 for AML/CFT purposes)

15
 of information, the ODPP may invoke
in-court protective measures in order to
facilitate investigations at the pre-trial
stage.
4.47 The ODPP shall liaise with investigative
agencies to offer legal advice on
investigative techniques to be deployed
and admissibility of evidence.
4.48 Where, in the course of investigations
an investigating officer has reasonable
grounds to believe that an offence under
POTA has been committed and a court
order is necessary to obtain information,
such officer shall seek a court order,
pursuant to Section 34 of POTA, to compel
a person to provide information before
court or the production of material that
may assist an investigation.
Pre-trial Release on Bail/Bond
4.49 The ODPP shall adequately prepare for
a bail hearing by seeking all the relevant
information about the suspect from the
investigating officer, NCTC and any other
relevant agency.
4.50 The Probation and After Care Service
(PACS) may prepare and submit a
bail assessment report to court on the
suitability of the suspect or accused to
be released on bail in accordance with
paragraph 4.26(c) of the Bail and Bond
Policy Guidelines.
4.51 In cases where the court may be persuaded
to grant bail to suspects of terrorism
and terrorism financing, the ODPP may
request for appropriate conditions for
release which may include supervision
by the lead agency, PACS, or any other
relevant agency, pursuant to paragraph
5.4 of the Bail and Bond Policy Guidelines.
4.52 The supervision of persons released on
bail and bond supervision orders made by
the court shall be in accordance with the
bail supervision framework and guidelines
developed by PACS.
4.53 Where a suspect has been released on
bail, the lead agency, PACS, and any other
relevant agency shall immediately bring
to the attention of the ODPP any violation
of Bail and Bond terms.
GUIDELINE 5: ENFORCEMENT
Freezing, Seizure, and Recovery of Property.
5.1 The ODPP shall be responsible for all
Criminal Assets Forfeiture of property
related to the commission of terrorism
and terrorism financing pursuant to the
provisions of Section 18 of the ODPP Act
and Sections 40,43 and 44 of POTA.
5.2 During investigations, the ODPP shall, in
collaboration with other agencies, take
steps to identify assets of a suspect of
terrorism or terrorism financing which
could form the basis for possible future
forfeiture orders and compensation of
victims as contemplated under Section 40
and Section 49 of POTA, respectively.
5.3 Once a suspect of terrorism or terrorism
financing has been charged in court,
the ODPP may make an application in
court for preservation of assets identified
under 5.2 for the purpose of forfeiture,
in particular for the ultimate benefit of
victims.
5.4 The ODPP may make an application to
the High Court under Section 43 of POTA
for the preservation and management
of property or funds derived from
property used for or in connection with or
received as payment for the commission
of an offence under POTA pending the
determination of the case.
5.5 Upon conviction for an offence under
POTA, the ODPP shall apply to the court
for forfeiture orders of any property used
in the commission of such acts pursuant
to Section 40 of POTA.
5.6 The ODPP shall, in accordance with
Section 44 and 67 of the Computer
16
 Misuse and Cyber Crimes Act, make an
application for forfeiture of any property
obtained as a result of cyber terrorism as
well as any such apparatus used in the
commission of the crime upon conviction
for cyber terrorism.
5.7 The ODPP may, where there is reason
to believe that property is owned or
controlled by or on behalf of a terrorist
group or used or intended to be used, in
whole or in part in the commission of, or
to facilitate the commission of a terrorist
act, apply to the High Court for forfeiture
orders pursuant to section 44 of POTA.
5.8 In a case where a criminal investigation
into terrorism or terrorism financing has
not commenced and the Assets Recovery
Agency has information of the existence
of assets which may be proceeds of crime,
the agency may seek court orders for
preservation and possible civil forfeiture.
5.9 The ODPP shall be promptly notified of
proceedings under 5.8.
5.10 Notwithstanding any other provisions
in any other law, KRA may invoke the
17
provisions of Section 43 of the Tax
Procedures Act for preservation of funds.
5.11 Relevant agencies have a duty to
implement the freezing orders issued
pursuant to Regulations 11 of POTA
without delay and to ensure that no funds
and other assets are made available,
directly or indirectly, to or for the benefit
of, any person or entity designated by,
or under the authority of, the United
Nations Security Council and to, without
delay, inform in writing the Counter
Financing Inter Ministerial Committee of
the action taken.
5.12 Any moneys realized from any property
forfeited to the state under POTA shall
be paid into the Compensation of Victims
of Terrorism Fund established under
Section 49 of POTA.
Border Control
5.13 An investigative agency shall liaise with
the Directorate of Immigration Services
where the agency encounters a foreign
person(s) suspected to be involved
in terrorism activities and terrorism
 financing to have such persons declared
as prohibited immigrant(s) through the
cabinet secretary responsible for Internal
Security and Coordination of National
Government pursuant to Section 33 of
Kenya Citizenship and Immigration Act.
5.14 Investigative agencies shall liaise with
the Directorate of Immigration Services
to obtain information contained in
the Personal Identification Secure
Comparison and Evaluation System
(PISCES) in the course of their
investigations.
5.15 The Directorate of Immigration Service
shall maintain a data base/ a data bank
of passenger manifests which may be
shared upon request by the lead agency
or any other relevant agency pursuant to
International Civil Aviation Organization
(ICAO) regulations.
5.16 Investigative agencies may make an
official request to the Directorate of
Immigration Services and Kenya Ports
Authority (KPA) or any other relevant
agency during investigations to share
relevant documents including manifests
at points of entry/exit.
5.17 Investigative agencies shall work closely
with the Directorate of Immigration
Services and other government agencies
who provide liaison through the Border
Control and Operations Coordination
Committee (BCOCC) in circumstances
where they have interacted with suspected
persons involved in terrorism activities
and terrorism financing.
5.18 The lead agency may make an official
request to the Directorate of Immigration
Services for information on suspected
persons involved in terrorism and
terrorism financing and the Directorate
shall share such information when
requested by the lead agency carrying out
investigation including any consolidated
border daily operational reports.
5.19 Investigative agencies shall liaise
with KRA to apply any ancillary/
administrative powers in enforcing
the border control where necessary.
Such ancillary powers may include the
following powers under The East African
Community Customs Management Act,
2004:
i. The power to seize goods under
Section 213;
ii. the Power to prohibit imports
and exports Section 19 and 71
respectively;
iii. the Power to search persons
under Section 155;
iv. the Power to prohibit and restrict
carriage under Section 96;
v. the Power to search premises
under Section 157.
5.20 Investigative agencies shall liaise with
Border Control Operation Coordination
Committee to undertake joint border
operations
5.21 The KRA shall notify relevant agencies
of any suspicious transactions/
individuals whenever such information
is discovered at the various points of
exit/entry.
5.22 Investigative agencies shall liaise with
the Directorate of Immigration Services
to stop exit/entry of suspects whenever
necessary.
5.23 KRA may issue a Departure Prohibition
Order (DPO) pursuant to Section 45 of
Tax Procedures Act where applicable.
5.24 An investigative agency shall liaise
with KRA to obtain any information
under Form 88 (passenger declaration
form) to enhance investigations
relating to suspected individual(s) or
entity involved in terrorism or money
laundering for terrorism financing.
18
5.25 The Directorate of Immigration and Kenya
Revenue Authority shall develop and
maintain appropriate and effective border
controls in all points of entry and exit to
detect, deter and prevent the movement
of aliens, illegal immigrants, inadmissible
persons, prohibited immigrants, human
smuggling and trafficking networks, and
facilitation networks, illicit movement
of uncustomed and restricted goods or
persons brokering such items/goods
including any counterfeit goods.
Role of Supervisory Bodies
5.26 Supervisory bodies shall, without being
so requested, bring to the attention of
investigative agencies any suspicious
activity where there is reason to believe
that there is terrorism financing involved.
5.27 Where requested by an investigative
agency in the course of an active
investigation, supervisory bodies shall
promptly provide any such requested
information in their custody in accordance
with their respective mandates.
5.28 Supervisory bodies shall employ
their legal and administrative powers
19
under their respective relevant laws,
regulations, guidelines and circulars
to support investigative agencies
in the exercise of their mandate in
investigating terrorism and terrorism
financing.
GUIDELINE 6: PROSECUTION
6.1 While exercising state powers of
prosecution, a prosecutor shall have
regard to the provisions of the law as
well as ODPP policies and guidelines.
In particular, a prosecutor shall have
regard to the National Prosecution
Policy, Decision to charge, ODPP
Diversion policy, and Plea Bargaining
guidelines.
6.2 The ODPP shall, liaise with the relevant
agencies to ensure that cases under
investigation satisfy the two-stage test
i.e. evidential and public interest test
as provided for in the Guidelines on the
Decision to Charge.
6.3 Agencies shall cooperate with and
support the ODPP in CT and CFT
investigations and in particular furnish
the ODPP with any information for the
purposes of furthering prosecutions of

CT and CFT cases.
6.4 The ODPP shall provide up to date
information to any relevant agency about
the progress of CT and CFT cases.
6.5 With respect to the terrorism financing,
the ODPP may, pursuant to Section 18
of the ODPP Act and any other relevant
legislation in liaison with relevant
agencies take measures for the recovery
or forfeiture of assets.
6.6 In cases where a prosecutor has sufficient
evidence to charge an offender, but
prosecution may not be the best course
of action, a prosecutor may opt for an
alternative to prosecution (pursuant
to the ODPP Diversion Policy) or an
alternative to trial (pursuant to the ODPP
Plea Bargaining Guidelines).
GUIDELINE 7: DISENGAGEMENT
7.1 Where, upon the consideration of a
psychosocial assessment report and
in consultation with the investigating
agency, it appears to the ODPP that
disengagement is the appropriate
measure to take for a person suspected
of terrorism or terrorism financing, the
ODPP shall refer such a person to NCTC
for admission into the Disengagement,
Rehabilitation and Reintegration
(DRR) program.
7.2 Relevant agencies shall, in collaboration
with NCTC monitor persons placed
under the DRR program.
7.3 The relevant agencies shall submit
monthly reports on the status and
progress of persons under the DRR
program to NCTC.
20

7.4 Where an agency requires, for any
purposes, to engage a person under the
DRR program, it shall first liaise with
NCTC before any such engagement and
contact.
GUIDELINE 8: COMMUNITY ENGAGEMENT
8.1 NCTC shall carry out community
engagement in accordance with Section
40B of POTA and the National Strategy to
Counter Violent Extremism (NSCVE).
8.2 Notwithstanding the above any other
relevant agency may, in coordination with
NCTC, conduct community engagement
and in particular;
a) Adopt mechanisms for engaging with
the community including channels of
receiving suspicious activities reports
from the community.
b) Engage in active dialogue and
sensitizations with communities
on aspects such as flagging out of
suspicious activities in communities.
c) Engage with communities on the
21
impact of terrorist activities and
counter terrorism measures to their
lives.
d) Engage with Civil Society
Organizations (CSOs) and other
community stakeholders
e) Positively engage through various
media platforms, and develop good
relations with the mainstream
media which plays an important role
in helping agencies communicate
more effectively with the public at
large and with minority groups.
f) Enhance the capacity of community
policing systems and where
necessary, train the community
on counter-terrorism and counter-
financing of terrorism.
g) Approach community engagement
as a holistic and long term strategy.
h) Build assessment tools for
evaluating the success of community
engagement and identifying areas
for improvement.
 relevant agencies any suspicious
GUIDELINE 9: DETENTION OF REMANDEES activities within prisons that may have
AND CONVICTS a bearing on terrorism and terrorism
9.1 Pursuant to Section 36A of the Kenya financing.
Prisons Act, the Kenya Prisons Service
9.5 The KPS shall liaise with relevant
(KPS) shall ensure that suspects and
agencies to ensure close monitoring
convicts of terrorism and terrorism
of terrorism and terrorism financing
financing are held in a separate prison
detainees. Specifically, KPS shall submit
or in separate parts of the same prison
to NCTC periodic assessment reports
in such a manner as to prevent, as far as
on terrorism and terrorism financing
practicable, their interaction, conversing
detainees under their custody.
or holding any communication with
other inmates and detainees. 9.6 Upon conviction, ODPP, KPS, PACS and
other relevant agencies, in liaison with
9.2 Correctional Services shall liaise with
NCTC, shall carry out assessment for
NCTC to develop and maintain a
purposes of placement and rehabilitation
comprehensive rehabilitation curriculum
measures.
which shall be deployed as part of
deradicalization for offenders convicted 9.7 Prior to release of convicts of terrorism
of terrorism or terrorism financing. and terrorism financing who have served
their term, KPS shall make a request to
9.3 KPS shall cooperate and collaborate
NCTC for an assessment report which
with respective agencies in ensuring that
shall be shared with the lead agency.
prisons are not breeding grounds for
terrorism or terrorism financing. 9.8 PACS shall collaborate with NCTC in
developing and maintaining post-prison
9.4 KPS shall immediately bring to the
release rehabilitation and reintegration
attention of the lead agency and other
programs, to ensure continuity between

22
 the custodial and non-custodial
programs upon release of the convict,
the lead agency shall ensure that ex-
convicts are placed under automatic
supervision in accordance with Section
344 A of the Criminal Procedure Code.
GUIDELINES 10: RESPECT FOR HUMAN
RIGHTS
10.1 All agencies shall promote and protect
human rights and the rule of law in
exercising their mandate.
10.2 Agencies shall have regard to non-
derogable rights under Article 25 of
the Constitution of Kenya as well as
international treaties and conventions
to which Kenya is a party.
10.3 Notwithstanding the generality of the
above: -
23
10.3.1 Any form of torture, inhuman
and degrading treatment is
prohibited.
10.3.2 Agencies shall respect and
observe the rights of persons
arrested and/or charged with
terrorism and terrorism financing
in accordance with Article 49, 50
and 51 of the Constitution.
10.3.3 Agencies shall take cognizance of
the rights to privacy under Article
31 of the Constitution of Kenya
and the limitations therein under
Section 35 of POTA.
10.4 Where in the course of investigation, or
inter-agency interactions, certain rights
are to be limited, agencies shall ensure
that the same is done in accordance with
Article 24 of the Constitution of Kenya.
GUIDELINE 11: WITNESSES AND VICTIM
PROTECTION
11.1 Investigators and prosecutors shall
conduct a risk evaluation and
assessment of witnesses and victims,
and where circumstances so require,
promptly refer to the Director of the
Witness Protection Agency for inclusion
into the Witness Protection Programme.
11.2 The ODPP shall liaise with the relevant
agencies to ensure that appropriate
measures for identifying vulnerable
victims at an early stage are in place in
order to ensure that they are provided
with support in accordance with the
Victim Protection Act.
11.3 In dealing with witnesses and victims, the
ODPP in consultation with investigative
agencies, may seek in-court protective
measures.
11.4 Victims shall be consulted promptly
incase a plea agreement is being
considered in accordance with the Plea-
Bargaining Guidelines and the Victim
Protection Act.
11.5 Victims shall be provided with prompt
psychosocial support by the relevant
agency, informed of their rights to
participate in the trial, to seek redress
and provided with updates on the
progress of the investigation and
prosecution, regardless of whether they
are giving evidence or not.
11.6 At the sentencing stage, PACS or any
other relevant agency may prepare and
submit victim impact statement(s).
24
GUIDELINE 12: CAPACITY BUILDING
12.1 In accordance with Section 40B of
Prevention of Terrorism Act, NCTC shall
facilitate capacity building for agencies
involved in counterterrorism.
12.2 Agencies shall regularly identify and
map out training needs and gaps in the
course of their inter-agency interactions
and recommend or organize trainings
with other agencies.
12.3 NCTC shall collaborate with FRC to
build the country’s counter-financing of
terrorism capacity.
12.4 Notwithstanding the above, any agency
may organize regular trainings and
seminars involving participants from
different agencies. Organizing agencies
shall invite participants as well as
25
facilitators from other agencies.
12.5 Agencies shall endeavor to undertake
trainings on new technologies and ICT,
in particular, as well as the evolving
nature of the means used in the sourcing,
transfer and allocation of terrorism
funds.
12.6 Agencies may also conduct cross-border
capacity building initiatives with the aim
of facilitating knowledge transfer and
strengthening relationships.
GUIDELINE 13 INTERNATIONAL
COOPERATION
13.1 Agencies may to the extent that
Kenyan laws allow, engage in mutual
international cooperation to procure
evidence, extradite suspects, secure
witnesses, and generally assist or get
 assistance in investigations.
13.2 This international cooperation may
be formal or informal. Agencies may
formally utilize avenues such as central
authorities of other states as well as
FIUs. Informally agencies may among
others, cooperate with Competent
Authorities in other jurisdictions such
as Interpol, ARINSA, EAPCO as well as
immigration departments.
13.3 Agencies shall ensure that the sharing
of information with foreign agencies
and authorities is consistent with the
interests of Kenya and, in particular,
national security interests.
13.4 Agencies shall ensure that foreign
agencies undertake not to share
information further without approval
from the entity providing such
information in accordance with the laws
of Kenya. This may be through such
provisions in MOUs or the inclusion of
caveats as the case may be where there is
no MOU.
13.5 Whenever deemed appropriate by the
concerned agencies, a JIT shall be formed
in consultation with foreign agencies
and authorities to assist in investigations
into transnational cases of terrorism and
terrorism financing.
13.6 Investigative agencies shall notify
the ODPP of any formal exchange
of information for evidentiary value
involving investigations of terrorism
and terrorism financing whenever there
is cooperation and collaboration with
other competent authorities.
26
 PART III: GENERAL PROVISIONS
IMPLEMENTATION MECHANISMS
14.1 The principals of the agencies listed
in Annex A of these guidelines shall
oversee the implementation of
these guidelines.
14.2 The principals shall no later than
one year after the issuance of these
guidelines assess the extent to
which agencies have complied with
the guidelines. At such meeting, the
principals shall consider reports on
compliance by each agency outlining
challenges faced and proposals for
strengthening compliance
14.3 Proposals to revise the guidelines,
if any, shall be considered at the
meeting of the principals in 14.2.
14.4 Notwithstanding the above, any
agency principal may call for a
meeting on any matters arising in
regard to compliance with these
guidelines or to make proposals for
revision.
14.5 The focal points designated under
guideline 1 shall jointly coordinate
the implementation of these
guidelines and shall report to the
principals.
14.6 In case of a dispute between
agencies in the interpretation or
application of these guidelines, or
on the performance of an obligation
under these guidelines, the matter
27
shall be referred to the principals who
shall resolve the dispute.
HARMONIZATION OF INTERNAL
PROCEDURES AND OTHER AGREEMENTS
15.1 Subject to their statutory mandates and
responsiblities, agencies undertake to
harmonize their internal procedures
and practices relating to what is
covered herein to be in harmony with
these guidelines.
15.2 These guidelines shall be
complimentary to existing mechanisms
of collaboration in so far as such
mechanisms are consistent with these
guidelines on matters addressed
herein.
15.3 Without prejudice to the above,
agencies may continue to use MOUs or
NDAs in force when these guidelines
are adopted in so far as those MOUs
or NDAs allow the objectives of these
guidelines to be extended or enlarged
and help to simplify or facilitate further
the procedures for collaboration,
cooperation and coordination falling
within the scope of these guidelines.
15.4 Agencies may also conclude new MOUs
or NDAs after these guidelines have
come into force in so far as such MOUs
or NDAs allow the objectives of these
guidelines to be extended or enlarged
and help to simplify or facilitate further
the procedures for collaboration,
cooperation and coordination falling
within the scope of these guidelines.
ANNEX A

AGENCIES
• The Office of the Director of Public Prosecutions

• The Central Bank of Kenya

• The Financial Reporting Center

• The Asset Recovery Agency

• The Kenya Revenue Authority

• The Department of Immigration Services

• The National Police Service

• The National Counter Terrorism Centre

• The Joint Terrorism Task Force – Kenya

• The National Intelligence Service

• The Kenya Prisons Service

• The Probation and After Care Service

• Any other agency involved in combating terrorism and terrorism financing

as may be provided under any written law

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 ANNEX B

LEGAL FRAMEWORK
These guidelines are developed within the legal framework for inter-agency collaboration,
cooperation and coordination in the fight against terrorism and terrorism financing.
Specifically, the following laws are applicable: -
a. The Constitution of Kenya 2010

b. The Computer Misuse and Cybercrimes act

c. The Access to Information Act

d. The Banking Act

e. The Civil Aviation Act

f. The Data Protection Act

g. The Kenya Citizenship and Immigration act

h. The Prisons Act

i. The National Intelligence Service Act

j. The National Payment Systems act

k. The National Police Service Act

l. The NGO coordination Act

m. The Office of the Director of Public Prosecutions Act

n. The Prevention of Organized Crime Act

o. The Prevention of Terrorism Act

p. The Proceeds of Crime and Anti Money Laundering Act

q. The Tax Procedures Act

r. The East Africa Customs Management Act

s. The Victim Protection Act

t. The Witness Protection Act

u. The Official Secrets Act

v. The Probation of Offeders Act

w. International CT and CFT instruments ratified by Kenya

x. Any other relevant written laws and regulations.

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ASSETS
RECOVERY
AGENCY

30
 CONTACT US:
Office of the Director of public Prosecution
ODPP, Ragati Road, Upperhill, Nairobi
P.O Box 30701- 00100
Tel: +254 2732090 / 2732240 | Mobile: 0723202880 / 0787880580
Fax: +254 2 224 3524 / 225 1808 | Email: info@odpp.go.ke