Counter-terrorism team gets powers to freeze accounts of terror suspects

A committee chaired by the Interior Cabinet Secretary Kithure Kindiki has been given powers to freeze and unfreeze funds of suspects linked to terrorism in legal changes seen as a move to sidestep the courts in the terror war.

Other members of the committee include the cabinet secretaries for Treasury and Foreign Affairs, the Governor of the Central Bank of Kenya, the Attorney General, Police Inspector General, Director General of National Intelligence Service, Director General of the Financial Reporting Centre.

Read: Don’t lower guard in war against terrorism

The Counter Financing of Terrorism Inter-Ministerial Committee has been given the powers to freeze accounts and to determine whether to allow suspects access to the funds, taking the powers from courts.

Prior to gazettement of the regulations, only courts had powers to freeze and unfreeze accounts of suspects (terrorism financiers and beneficiaries) to allow them meet basic needs such as rent, medical and food.

The powers are contained in the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2023 that were tabled in Parliament last week.

But a lawyer familiar with the matter says the regulations that are likely to be adopted by Parliament are not likely to stand the legal scrutiny if challenged in court.

“The committee may within 48 hours from the date of submission of this request to the relevant UN sanctions committee and in the absence of any negative decision received from such committee authorise the release of funds as applied for,” read the regulations.

A lawyer, who spoke to Business Daily on condition of anonymity, has raised concerns that the State is seeking to have more influence in targeting financiers and beneficiaries of money tied to terrorism.

“In my view, the State is trying to go around the Bill of Rights but there is the challenge of contravening the Bill of Rights,” said the lawyer.

“Even if the regulations are passed by Parliament which is very likely, we are keen to see if they pass the legal scrutiny when challenged in a court of law.”

The team will review the suspect’s request within 30 working days and then forward the application to the relevant sanctions committee of the United Nations for concurrence.

Also read: Freight firm fights freezing of its two bank accounts

It will then within 48 hours of submitting this request authorise the release of funds from the frozen accounts to the suspect within 48 hours.

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