Protected Areas Act

LAWS OF KENYA
THE PROTECTED AREAS ACT
CAP. 204
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Protected Areas Act
Cap. 204
Legislation as at 31 December 2022
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Share widely and freely.

Protected Areas Act (Cap. 204)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Interpretation .................................................................................................................................................................................................... 1
3. Protected areas ................................................................................................................................................................................................ 1
4. Permission to enter protected area ......................................................................................................................................................... 1
5. Person entering protected area may be searched .............................................................................................................................. 2
6.

ea may be searched .............................................................................................................................. 2
6.

Removal of unauthorized person .............................................................................................................................................................. 2
7. Power of arrest after challenge ................................................................................................................................................................. 2
8. Fencing of areas and warning of danger ............................................................................................................................................... 2
9. Penalties ............................................................................................................................................................................................................. 3

.................................................................................................................................................... 3

Protected Areas Act (Cap. 204) Kenya
PROTECTED AREAS ACT
CAP. 204
Assented to on 8 September 1949
Commenced on 8 September 1949
[Amended by Protected Areas (Amendment) Ordinance, 1959 (Act No. 31 of 1959) on 1 September 1959]
[Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments)
(No. 3) Regulations, 1963 (Legal Notice 649 of 1963) on 1 June 1963]
[Amended by Kenya (Amendment of Laws) (Written Laws)
Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to prevent the entry of unauthorized persons into areas which have been declared
to be protected areas
1. Short title
This Act may be cited as the Protected Areas Act. 2. Interpretation
In this Act, except where the context otherwise requires—
"the hours of darkness" means the period from six-thirty o’clock p.m. to six-thirty o’clock a.m.;
"prescribed authority" means the person specified as such in any order made under section 3;
"protected area" means any area, place or premises in relation to which an order made under section 3 is in
force. [Act No. 24 of 1953, s. 2.]
3.

n 3;
"protected area" means any area, place or premises in relation to which an order made under section 3 is in
force. [Act No. 24 of 1953, s. 2.]
3.

Protected areas
(1) If, as respects any area, place or premises, it appears to the Cabinet Secretary to be necessary or
expedient in the interests of public safety and public order that special precautions should be taken
to prevent the entry of unauthorized persons, he may, by order published in the Gazette, declare
such area, place or premises to be a protected area for the purposes of this Act; and, so long as the
order is in force, no person shall, subject to any exemptions for which provision may be made in the
order, be in such protected area without the permission of the prescribed authority or such other
person as may be specified in the order. (2) Any order made under subsection (1) shall be laid before the National Assembly at its next sitting. [Act No. 24 of 1953, s. 3, Act No. 31 of 1959, s. 2, L.N. 649/1963, r. 3.]
4.

tion (1) shall be laid before the National Assembly at its next sitting. [Act No. 24 of 1953, s. 3, Act No. 31 of 1959, s. 2, L.N. 649/1963, r. 3.]
4.

Permission to enter protected area
Where, in pursuance of section 3, any person is granted permission to be in a protected area, that person
shall, while acting under such permission, comply with such directions for regulating his conduct as may
be given by the prescribed authority or person granting the permission, or by the police officer in charge of
the district. 1

ating his conduct as may
be given by the prescribed authority or person granting the permission, or by the police officer in charge of
the district. 1

Protected Areas Act (Cap. 204) Kenya
5. Person entering protected area may be searched
(1) Any police officer or any person authorized in that behalf by the prescribed authority may search
any person, conveyance, vehicle, vessel or container found in or found entering or leaving, or
seeking to enter or leave, or reasonably suspected of having recently left, a protected area, and
may stop and detain any such person, conveyance, vehicle, vessel or container for the purpose of
searching him or it. (2) Any person detained for the purpose of being searched shall be deemed to be in lawful custody. (3) If any conveyance, vehicle, vessel or container is found to contain arms, ammunition, explosives
or stores which have been, or are being, abstracted or removed from any protected area unlawfully
or without the permission of the prescribed authority or of any person authorized by him in that
behalf, the conveyance, vehicle, vessel or container and its contents shall forthwith be forfeited, and
shall abide the directions of the Cabinet Secretary.

, the conveyance, vehicle, vessel or container and its contents shall forthwith be forfeited, and
shall abide the directions of the Cabinet Secretary.

(4) The Cabinet Secretary may direct that any conveyance, vehicle, vessel, container or contents
forfeited under subsection (3) be returned to its or their owner or may give such other direction
regarding it or them as he thinks fit. [Act No. 24 of 1953, s. 4, Act No. 31 of 1959, s. 3.]
6. Removal of unauthorized person
If any person is in a protected area in contravention of this Act, or, being lawfully in a protected area, fails
to comply with any direction given under this Act, then, without prejudice to any proceedings which may
be taken against him, he may be removed from the area by any police officer or any person authorized in
that behalf by the prescribed authority. 7. Power of arrest after challenge
(1) Any person in a protected area who fails to stop after being challenged twice by a sentry, or by a
person authorized in that behalf by the prescribed authority, may be arrested.

rea who fails to stop after being challenged twice by a sentry, or by a
person authorized in that behalf by the prescribed authority, may be arrested.

(2) A sentry or person authorized in that behalf by the prescribed authority may use any arms against
any person who by force prevents or attempts to prevent the lawful arrest of himself or of any other
person in a protected area:
Provided that—
(i) resort shall not be had to the use of arms under this section unless the sentry or person
authorized has reasonable ground to believe that he or any other person is in danger of
grievous bodily harm, and that he cannot otherwise effect such arrest;
(ii) the use of arms under this section shall be, as far as possible, to disable and not to kill. [Act No. 31 of 1959, s. 4.]
8. Fencing of areas and warning of danger
(1) The prescribed authority in which the protected area is situate shall cause such precautions to
be taken as the prescribed authority and any person deputed by the Cabinet Secretary shall deem
reasonably necessary to prevent inadvertent or accidental entry into the protected area during the
hours of darkness. (2) Such precautions shall include the fencing of the protected area and the prominent display of
warning notices, and where such precautions have been duly taken no person shall be entitled
2

cing of the protected area and the prominent display of
warning notices, and where such precautions have been duly taken no person shall be entitled
2

Protected Areas Act (Cap. 204) Kenya
to compensation or damages in respect of injury received or death caused as a result of any
unauthorized entry into the protected area. [Act No. 24 of 1953, s. 5, Act No. 31 of 1959, s. 3.]
9. Penalties
(1) Any person who is in a protected area without permission contrary to the provisions of section 3,
or who fails to comply with any order issued under that section, or who fails to comply with any
direction given to him under section 4, or who refuses to allow himself to be searched under section
5, shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a
fine not exceeding five thousand shillings, or to both such imprisonment and fine.

d liable to imprisonment for a term not exceeding two years or to a
fine not exceeding five thousand shillings, or to both such imprisonment and fine.

(2) Any person who has been detained as a result of the exercise of the powers conferred by section 5
and is found to have in his possession or to be conveying in any manner any arms, ammunition,
explosives or stores, and who on being charged does not give an account to the satisfaction of the
court that he came by them lawfully, shall be guilty of an offence and liable to imprisonment for
a term not exceeding five years or to a fine not exceeding ten thousand shillings, or to both such
imprisonment and fine. 3