High court suspends parts of new security laws

Politics and policy

Raila Odinga walks out of the court with his supporters on January 2, 2015 in Nairobi after the High Court suspended key parts of the controversial new security law. PHOTO| AFP 

By BRIAN WASUNA

In Summary

• High Court Judge George Odunga granted conservatory orders suspending eight clauses.

The High Court has stopped the implementation of eight clauses of the new Security Laws Act following a petition filed by the Coalition for Reforms and Democracy (Cord).

Justice George Odunga on Friday morning suspended the clauses for 30 days within which Cord’s petition will have been heard. The judge held that Cord had demonstrated a real risk of violation of human rights if the new laws were enacted, something the court could not endorse.

“We cannot limit the freedoms and inalienable rights in the pretext of fighting terrorism. That must be done in the confines of the law. You cannot compromise the security of in the name of democracy,” said Justice Odunga.

Justice Odunga also referred the case to the Chief Justice for the formation of a bench of not less than three judges to make a determination.

“I hereby refer the file to the Chief Justice for the formation of a bench of not less than three judges to determine the matter,” he added. The judge has suspended Section 12, 16, 26, 29, 48, 56, 58 and 64.

These included a threat to journalists for publishing information without permission from police, a ceiling on the number of refugees allowed to be in Kenya, increased powers for the country’s spy agencies as well as definitions on what constitutes support for terrorism.

They also include controversial changes to the Evidence Act in cases involving terror, drug trafficking and money laundering suspects.

Cord has argued that the new laws contradicted the provision of the bill of rights, which made them null and void. Some of the provisions challenged include giving police and the National Intelligence Service permission to arrest and hold terror suspects for up to 360 days and reduction of the number of refugees in Kenya.

Cord holds that the new laws threaten citizens’ right to fair hearing and freedom from discrimination.

The Jubilee Coalition and human rights lobby Kituo cha Sheria have been enjoined in the suit as interested parties, while the Commission on Implementation of the Constitution and the Law Society of Kenya have been looped in as amicus curiae (friends of the court).