Raila vows holiday war on new law

Cord finally went to court Tuesday seeking to block the newly amended security laws.

The opposition alliance, however, suffered a temporary setback after the High Court refused to shelve the laws and instead asked it to serve the government and return to court this morning.

Mr Justice Isaac Lenaola said: “I am satisfied the application is urgent and ought to be heard during the vacation. But I need to hear the other side and for them to be present when I issue any order or further directions.”

The judge said Cord still has the right to ask the court to block the laws, but he wanted the Attorney-General in court when the arguments are made.

The issues Cord wants determined are whether the Security Laws (Amendment) Act contravenes the Bill of Rights, whether its passage violated National Assembly Standing Orders, whether it was passed in accordance with the Constitution and whether the Act is invalid, null and void.

They want a declaration that the presidential assent to the Bill was unconstitutional and improper, and that the limitations contained in Act are not justified in an open democratic society based on human dignity, equality and freedom.

Among provisions in the constitution Cord argues the new law violates are the right to fair trial, freedom from discrimination, human dignity, right to privacy, freedom of conscience, freedom of expression, media freedom, access to information, freedom of movement and fair administrative action.

The controversial laws were passed during a special sitting of Parliament last Thursday— a session characterised by fist fights, cat calls and throwing of objects at the Speaker.

President Uhuru Kenyatta signed the Bill into law on Friday, with Cord leader Raila Odinga threatening mass action in addition to a legal battle.
The Act brought changes to the Public Order Act, giving the Interior Cabinet Secretary powers to sanction a meeting.

It also changed the Penal Code to punish any person who publishes obscene, gory or offensive material that is likely to cause fear and alarm to the general public.

It further gives powers to the National Intelligence Service to arrest a suspect and punish officials who aid terrorists to enter into Kenya. Police were also granted powers to hold a suspect for many days before presenting them in court.

REVOCATE IDENTIFICATION

The Act amended the Registrations of Persons Act— giving the Registrar of Persons power to revoke an Identification Card.

The Kenya National Commission on Human Rights also filed a similar petition challenging the new laws.

The commission argues that the new rules are unconstitutional, they were passed without public participation, and that they are invalid due to the misconduct of MPs during House debate, and failure to involve the Senate.

Cord is contesting over 10 clauses in Act, which it claims are unconstitutional because the public did not participate in their formulation, and that the Senate was not involved in their passage.

“The security law is seeking to change our lives in a substantial way, it goes beyond imagination of people to live harmoniously. It touches on the core rights citizens can enjoy which makes it unconstitutional, null and void,” said lawyer James Orengo who led a team of more than 10 lawyers.

Mr Odinga, in the company of his co-principals Kalonzo Musyoka and Moses Wetang’ula, said after the proceedings that their resolve to seek the court’s intervention would not be the only channel to stop what he termed as the country’s return to dictatorship.

“Some people are testing our resolve. Somebody is testing our resilience. Jubilee is testing our willingness to return to the trenches and fight again for what we believe in and what we hold dear. We have just one message: We are ready,” said Mr Odinga.

The former PM said the coalition would launch a programme to educate Kenyans about their rights and the need to pull together to defeat what he called the powers of dictatorship.

“Those who conceived these new laws and rushed them through the National Assembly did so in the hope that Kenyans will be too busy enjoying the festive season to notice the evil being plotted by their leaders. We remain alert and prepared to forgo the fun for our country,” he said.

Cord argued in the petition that the reasons given by the government for rushing the new laws through the National Assembly were misleading, fallacious and intended to hoodwink the public in the guise of protecting the country from terrorism.

Cord alleged that during proceedings and vote on the Bill at the National Assembly, strangers— including officers from the office of the Sergeant-at Arms, security personnel assigned to Parliament and the Speaker— voted when questions relating to amendments were proposed.