Case over new law to be filed in court Tuesday

The dispute over the new security laws moves to court Tuesday when the opposition Coalition for Reforms and Democracy (Cord) files a petition to challenge it.

Cord lawyers were Monday evening putting final touches to the petition expected to be filed before the Constitutional and Human Rights Division of the High Court.

The coalition had planned to move to court on Monday, but was delayed by the government’s delay in publishing the controversial Security Laws (Amendment Act) 2014 in the Kenya Gazette.

“Everything is ready, we have briefed the Cord leadership about the petition, and it will be filed tomorrow (Tuesday),” said one of the lawyers working on the draft petition.

The lawyers will be seeking to have implementation of the new law suspended until the dispute is heard and determined.

Passage of the new law has caused sharp division between Cord and Jubilee coalitions, with Cord leader Raila Odinga terming it a strategy by Jubilee to abolish opposition parties and re-establish a one-party state.

STIFLING OPPOSITION

The new laws were not about security, but aimed at stifling the opposition and human rights, the former Prime Minister said.

“Kenyans must see the bigger picture. Jubilee is determined to undo the Constitution and bring back the old constitution through the back door. The path to dictatorship in Kenya has always began with administrations seeking and giving themselves powers that the Constitution denied them,” he said.

But in a rejoinder, Jubilee defended the new laws and accused Cord of politicising security in the country.

National Assembly Majority Leader Aden Duale dismissed Cord leaders’ decision to challenge the law in court.

He said Cord was pursuing a political agenda and had no interest in safeguarding the country from terrorist attacks.