Security laws illegal, declares High Court

What you need to know:

  • Judges Isaac Lenaola, Mumbi Ngugi, Hillary Chemitei, Hedwig Ong’udi and Joseph Onguto said the eight clauses were a violation of fundamental human rights.
  • “The provision was totally unjustifiable as it would lead to trial by ambush. Disclosure of evidence is very important to enable the accused prepare his defence,” ruled the judges.
  • The judgment served as win for Cord and the Kenya National Commission on Human Rights who were the lead petitioners challenging the Security Law (Amendment) Act 2014.
  • On the chaos that rocked the National Assembly when the amendments were being passed, the judges said there was no breach of Standing Orders to warrant declaring the entire Act unconstitutional.

Eight offensive clauses in the controversial Security Laws Act were Monday declared unconstitutional, striking a blow against the government’s push for tough measures to curb terrorism but signalling a victory for citizen freedoms and human rights.

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