May 9, 2021

Kenya’s National Intelligence Service Seeks Tenants Personal Details in New Bill

Tenants Personal Details in New Bill

The National Intelligence Service (NIS) has proposed the amendment of new requirements in the Narcotics, Drugs, and Psychotropic Substances (Control) Amendment Bill. It comes as the state seeks to boost its surveillance of communications that it believes could breach national security.

The new bill seeks all landlords and property owners to keep a registry that contains relevant personal information (full name, phone numbers, postal address and, email) of all their tenants. The Landlords shall be required to conduct background checks on their tenants to include their employment station and home country to allow easy tracking.

According to the 2019 census, approximately 4.66 million Kenyans lease homes and office spaces. Thus, the new bill will help the NIS and the police keep track of the 4.66million Kenyans.

“Every owner, occupier, or persons concerned with the management of any premises, shall keep a register in his premises and shall enter the name and address of every tenant and occupier who occupies the premise,” said the committee in amendments to the bill.

“The rationale of the new section is to provide for landlords and owners of buildings to conduct due diligence on their tenants and occupiers of their premises.”

Property owners found in breach of the new bill shall face a fine of Sh1 million or two years in jail in the legal changes that will raise privacy concerns.

Tenants, landlords, and property management shall face a fine not less than Sh20 million or a term of imprisonment of not less than 10years or both if their premises are used for drug manufacture and trading.

Well, there is more to it!

The amendment committee wants the bill amended to have the law enforcement officer or public officer who works at the various exit and entry points face an Sh20 million fine or 20 years in prison for aiding trafficking of narcotics.

The committee also backed the imposition of hefty fines of up to Sh50 million or three times the value of the narcotics and 50 years in jail when found trafficking more than 100 grams of drugs. Persons found peddling less than 100 grams will part with Sh30 million and serve 30 years in prison. Individuals found in possession of bhang or cannabis intended for their sole consumption have a reduction of jail terms from 10 years to not more than five but will face a Sh100,000 fine.

It gets tougher!

All convicted drug traffickers and narcotics peddlers are barred from seeking elective or appointive public office for 30 years after imprisonment.

This new bill follows after a prior bill that requires Kenyans to face a fine of Sh1 million for refusing to disclose SMSs, emails, and WhatsApp messages that could breach national.

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