Tuesday, 23 December 2014

Tuesday, December 23, 2014 Cord files case to stop implementation of security laws

Siaya Senator James Orengo, who is representing Cord in a case filed on December 23, 2014 seeking to stop the implementation of Security Laws Amendment Act. FILE PHOTO | NATION MEDIA GROUP.
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The Coalition for Reforms and Democracy (Cord) has filed a case to stop the implementation of the Security Laws Amendment Act.
Cord argued that some sections of the Act are unconstitutional and violate rights of individuals.
Cord has named the Republic of Kenya and Attorney General as respondents in the petition filed on Tuesday and certified as urgent by Justice Isaac Lenaola.
Cord lawyer James Orengo on Tuesday raised five concerns by Cord on the law.
He said the law affects the right of every citizen to be a Kenyan by giving the Registrar powers to revoke national identity cards without following due process.
Mr Orengo also argued that the new laws violate the right to fair trial and being presumed innocent until proven guilty. He said offences created under the act are oppressive and unjustifiable.
The lawyer told the court that the Bill was passed unconstitutionally as it involves matters touching counties and Senate was not involved.
He further alleged that the public were not given a chance to air their views on the Bill claiming that it was taken to Parliament a day after it was drafted.
Mr Orengo also argued that the Bill was passed in contravention of Standing Orders as there was chaos in Parliament and some members were standing.
Justice Lenaola declined to stop the implementation of the law and ordered Cord to serve the AG with the application.
The case will be heard Wednesday morning.

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