Stop Jubilee tyranny, judges told

Cord Wednesday asked judges not to allow the government to return the country back to the days of dictatorship as it argued for the nullification of controversial security laws passed by MPs last year.

Cord raised several issues before the five-judge bench, key among them the conduct of the National Assembly, the process used in passing the law, failure to involve the Senate, media freedom, people’s rights and clauses it argued were unconstitutional.

“Judges are deciding whether to move the country forward or return it backwards. The government is taking us for a ride. There is no way you can claim to protect people’s lives from terrorism while exposing them to death and brutality from police,” said Cord’s lead lawyer, Mr James Orengo.

He said no State organ could assume superior power than the Constitution and accused National Assembly Speaker Justin Muturi of misconduct when he allowed the passing of the Security Amendment Act 2014 in the midst of chaos and disorder in the house.

He submitted that Mr Muturi applied double standards in ruling that debate could not proceed when two MPs are standing on the floor of Parliament, but changed tuned when it came to the security law.

“There was no debate as the house just became a ‘yes’ machine. It was worse than a single party democracy and more than dictatorial rule,” said Mr Orengo.

TOUGH LAWS

He argued that passing tough security laws that infringe on people’s rights will not contain terrorism.

He gave the example of 1998 when there was authoritarian rule and tough police regulations, but terrorists still bombed the American embassy in Nairobi.

Lawyer Paul Mwangi, also for Cord, argued that the provisions on media and publications would subject journalists to double punishment since they already have institutions to check their conduct.

“The government intends to deceive people as they carry out security operations. That is why they want journalists to obtain permission from police before publishing some stories and pictures of terror attacks,” said Mr Mwangi.

Kenya National Commission on Human Rights supported Cord’s arguments, adding that human rights cannot be abused in the guise of national security.

“Security must be anchored in the respect for human rights, rule of law and democracy,” said lawyer Victor Kamau for the commission.

The hearing continues Thursday when the government will submit its defence of the security laws.