Judges to rule on security laws

The High Court will give its ruling on the case challenging the new security laws on February 13.

This is after lawyers representing various parties concluded their submissions to Justices Isaac Lenaola, Mumbi Ngugi, Hillary Chemitei, Hedwig Ong’udi and Joseph Onguto on Friday.

During the submissions, the Coalition for Reforms and Democracy (Cord) accused the government of misinforming the court that the country was in a state of emergency.

Through lawyer Anthony Oluoch, Cord said it was erroneous for the government to claim that Kenyans were under siege from terrorists, thus, the laws will help them.

Mr Oluoch urged the five judges hearing the case not to allow the government to entrench dictatorship.

“It is the government that is a threat to democracy since we have demonstrated that terrorism thrives more where rights have been denied,” said Mr Oluoch as he asked the judges to block the laws.

However, Director of Public Prosecutions Keriako Tobiko pleaded with the judges not to strike out the controversial security laws noting that they will help his office fight insecurity.

Mr Tobiko argued that there was nothing unconstitutional in the new laws and that annulling them will prevent his office from effectively prosecuting terror suspects.

“The petitions challenging the new laws are based on hypothesis. That mere possibility of abuse of peoples’ rights cannot be cited as reason enough to declare a statute unconstitutional,” said Mr Tobiko.

Lawyer Nzamba Kitonga representing the Law Society of Kenya (LSK) asked the judges to determine whether during voting in the National Assembly the speaker was in a position to account for the votes.

“If you find that there was no public participation and meaningful debate, then you must invalidate the Act in its entirety,” said Mr Kitonga.

Jubilee coalition lawyer Gitau Singh accused Cord of double standards, noting it is the Opposition members who disrupted debate in the House.