SHARE WIDELY.... THIS WHAT THE JUBILEE GOVERNMENT IS TRYING TO DO UNDER THE DISGUISE OF SECURITY BRING IN LAWS VIA THE BACK DOOR TO SERVE THEM IN ETERNITY TO STAY IN POWER... The new Security Laws (Amendment) Bill 2014, which targets to amend 30 statutes seeks to introduce new clauses that are set to make Kenya a POLICE/MILITARY state and a DICTATORSHIP A FEW WHICH ARE... 1. Under the Public Order Act , Jubilee wants to give the Cabinet Secretary powers to, via gazette notice, designate the areas where, and times at which public meetings, gatherings or public processions may be held. This is unconstitutional. It seeks to limit right of peaceful assembly under Article 37 of the Constitution by making it subject to the whims of the Executive. 2, The Bill goes further to propose that any person who unlawfully convenes, organizes or promotes a public rally, meeting or procession or neglects or refuses to comply with any law relating to public meetings commits an offence. Such a person will be held liable for any damage or loss suffered as a result of such public rally, meeting or procession. It violates the rules on Criminal Responsibility by making one liable for actions of others not his own. Its end aim is to let political activity take place only with the consent of those in power. We have been here before. We shall not go there again. 3. Jubilee is trying to give the Executive the power of declaring curfews instead of strengthening an independent police to do its work. 4. Jubilee wants to amend the Penal Code to provide a person who publishes or causes to be published or distributes obscene, gory or offensive material which is likely to cause fear and alarm to the general public or disturb public peace is guilty of a felony and is liable, upon conviction, to a fine not exceeding one million shillings or imprisonment for a term not exceeding three years or both, or, where the offence is committed by a media enterprise, to a fine not exceeding five million shillings. This is a manifest assault on freedom of expression under article 33(1) (a). The only limitation to this right is stipulated under Article 33(2) and these are not included. It is an attempt to amend and expand that sub article through the back door and is manifestly unconstitutional 5. It also flies in the face of Article 34 (2) (b) by purporting to criminalize the content of broadcasts and publications. It is also clearly targeted at social media users especially in light of the recent criticism leveled against the President on insecurity. Given how it consistently lies, Jubilee clearly aims to ensure the truth never comes out. In fact if they could they would have seized all CCTV footage of Westgate because it exposed their incompetence. 6. The Criminal Procedure Code is being amended to give police powers to hold suspects for more than 24 hours stipulated in the Constitution and to allow the prosecution not to disclose certain evidence on which it intends to rely if, among other considerations, the evidence is sensitive and it is not in the public interest to disclose. This is an obvious infringement on the right to fair trial. We do not know who determines whether evidence is sensitive. 7. The Registration of Persons Act is being amended to provide that the Director of registrations may cancel the registration and revoke the identity card of any person issued under this Act. This is a very dangerous proposal that has huge potential for political abuse. Citizenship, evidenced by an ID can only be revoked if it was obtained by registration (Article 17). This section makes no distinction. Again it places the burden of proof as to why his ID should not be cancelled on the Citizen not the director. We are alive to those days when Kenyans woke up only to learn they cannot travel because their passports have been cancelled unilaterally. 8. Jubilee government also seeks to give powers to NIS to tap and intercept your communication without a court order ....... NO PRIVACY. 9. The President will have powers to hand-pick the Inspector General of Police, with the approval of Parliament, removing the National Police Service Commission and other bodies any role in the competitive recruitment of the country’s top cop.
Posted on: Sun, 14 Dec 2014 07:01:02 +0000
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