City lawyer joins Cord in opposing security laws

Politics and policy

The consolidated suit goes into the second day of hearing Thursday morning. PHOTO | FILE 

By BRIAN WASUNA, bwasuna@ke.nationmedia.com

In Summary

• Samuel Ng’ang’a Njuguna told a five-judge bench that a provision empowering the prosecution to withhold evidence until before a trial, should be quashed because it could be used to detain innocent Kenyans without providing proof of the crime.
• Mr Njuguna’s petition has been consolidated with that of the Coalition for Reforms and Democracy (Cord) and Kenya National Commission on Human Rights (KNCHR).
• The consolidated suit goes into the second day of hearing Thursday morning.

The newly enacted Security laws could be used to abuse the rights of money laundering suspects, a city lawyer told the High Court on Wedneday, adding a new twist to the........................
ongoing legal battle between the government and the Opposition.

Samuel Ng’ang’a Njuguna, who is one of the three petitioners in the Security laws hearing, told a five-judge bench that a provision empowering the prosecution to withhold evidence until before a trial, should be quashed because it could be used to detain innocent Kenyans without providing proof of the crime.

The situation will be worsened by taking away the power of the magistrate’s court to grant bail to such suspects even in situations where it is allowed, he added.

Mr Njuguna’s petition has been consolidated with that of the Coalition for Reforms and Democracy (Cord) and Kenya National Commission on Human Rights (KNCHR). The consolidated suit goes into the second day of hearing Thursday morning.

Justices Isaac Lenaola, Mumbi Ngugi, Louis Onguto, Hilary Chemitei and Hedwig Ong’udi reserved Wednesday’s session for Cord, KNCHR and Mr Njuguna.

Attorney General Githu Muigai and interested parties supporting the laws such as the Commission for the Implementation of the Constitution and the Jubilee alliance will present their arguments on Thursday.

Mr Njuguna wants sections 16, 20 and 21 of the amended Security Act to be rendered null and void, saying they are unconstitutional.

“Section 16 of the Security Act provides that an individual can be accused under the Money Laundering Act without being notified of the evidence against him until immediately before trial. This means the accused person shall never know the case to face until after he is in the dock,” he said.

Mr Njuguna said that withholding evidence until trial will prevent accused persons from preparing their defence, which is a violation of one’s right to a fair trial.

READ: High court suspends parts of new security laws

He also expressed fears that the police and anti-corruption authorities may abuse the law by arresting money laundering suspects and prevent them from communicating with their lawyers and family while purporting to be gathering evidence.

The contested Section 16 is among the eight clauses that were suspended by Justice George Odunga on January 2. Justice Odunga also suspended sections 12, 26, 29, 48, 56, 58 and 64.

Section 16 of the Act also allows the police to charge narcotic drug trafficking, organised crime and human trafficking suspects without furnishing them with evidence until during trial.

Supporters of the law have argued that it is aimed at stopping suspects from retracting in court statements made during their arrest.

Mr Njuguna’s lawyer, Manasses Mwangi, said that police and anti-corruption officers may harass lawyers in the course of investigations while invoking the same provisions, and that they cannot be trusted with such powers.