Lawyers call for changes in Bill
What you need to know:
- The Constitution provides that national security shall be pursued in compliance with the law and with utmost respect for democracy, human rights and fundamental freedom, he said.
- “The Memorandum of Objects and Reasons of the Security Laws is misleading to the extent that it suggests that the amendments are minor,” he added.
- The Law Society of Kenya council analysed in depth the proposed law before coming up with the memorandum, he said.
Lawyers have called for the amendment of the security Bill, saying it infringes on rights guaranteed by the Constitution.
The Law Society of Kenya, in a memorandum to Parliament, wants some provisions of the Bill to be reconsidered and amended to conform to the Constitution because it has glaring gaps.
Society chief executive Apollo Mboya, said an analysis of the proposed law revealed that some provisions demonstrate that the Bill has serious ramifications on the enjoyment of some constitutional rights.
“The Bill also requires strong input from stakeholders, backed with deep research to address the glaring inherent gaps,” said Mr Mboya.
COMPLIANCE WITH THE LAW
The Constitution provides that national security shall be pursued in compliance with the law and with utmost respect for democracy, human rights and fundamental freedom, he said.
“The Memorandum of Objects and Reasons of the Security Laws is misleading to the extent that it suggests that the amendments are minor,” he added.
The Law Society of Kenya council analysed in depth the proposed law before coming up with the memorandum, he said.
“Some of the grossly affected rights relate to access to justice, freedom of association and information, freedom of association and assembly and the right to privacy,” said Mr Mboya.
Noting that some provisions are discriminatory, he said security must be balanced with human rights.
