We are in state of emergency, AG says as he defends security laws
What you need to know:
- Katiba Institute through lawyer Wanyoike Waigwa submitted that the scenes witnessed were a violation of the Constitution and parliamentary standing orders and that any law passed in such a manner cannot be binding to Kenyans.
- “It is very difficult to convince anyone that the Speaker did not receive a phone call from somewhere instructing him that the law must be passed. There is no way he could endure the chaos in the House without external pressure,” said Mr Waigwa.
The government has defended the new security laws saying the country is in a state of emergency and needs such regulations.
Solicitor General Njee Muturi told a five-judge bench that it was not possible to have “business as usual” on matters touching on security especially during the festive period.
Mr Muturi said that despite the chaos in the National Assembly, the process of passing the law was constitutional.
“It was not business as usual, the law had to be passed in whatever circumstances to protect the life of Kenyans. Those saying the new laws infringe on people’s rights should know that there is nothing like absolute freedom,” said Mr Muturi.
He defended the conduct of Parliament, saying there was no division in the House since all members were present and a vote taken to approve the new law.
On whether the Bill should have been referred to the Senate, Mr Muturi said the two speakers held talks and agreed that the laws did not touch on counties.
“What was passed in the House, even if through disorderly conduct, was constitutional and justified. There is no provision that limits people rights since those rights are also subject to limitations,” said Mr Muturi.
Earlier in the proceedings, the legality of the process used to pass the controversial security laws came into focus as civil society groups replayed in court the chaotic scenes in Parliament during debate on the new law.
VIOLATION OF CONSTITUTION
Katiba Institute through lawyer Wanyoike Waigwa submitted that the scenes witnessed were a violation of the Constitution and parliamentary standing orders and that any law passed in such a manner cannot be binding to Kenyans.
“It is very difficult to convince anyone that the Speaker did not receive a phone call from somewhere instructing him that the law must be passed. There is no way he could endure the chaos in the House without external pressure,” said Mr Waigwa.
Lawyer John Chigiti representing the Refugees Consortium argued that the sections limiting the number of refugees in the country to a maximum of 150,000 went against international law and will be difficult to implement.
“Suppose we have those 150,000 refugees and 50,000 are women who give birth to twins. Will we therefore chase the mothers and remain with their children? he asked. The hearing continues Friday.
