WE WON’T GO BACK TO THE KANU ERA!!! KENYA MUST BE FREE!!! Today allow me to speak about the draconian security bill that Mr. Uhuru Kenyatta signed into law on 19th December 2014. The Security (Amendment) Act, 2014 has grossly affected many existing Statutes including the Criminal Procedure Act, the Evidence Act, Penal Code and the Civil Procedure Act. The security law contradicts Freedom of the press, Freedom of Assembly and Association, Fair Trial in court, Freedom of Movement, Lawful Search and Arrest by Police, and many others my dear friends. The Security (Amendment) Act, 2014 similarly contravenes existing International Treaties to which Kenya is a signatory to and has moral obligations to abide by. The treaties include 1. International Covenant on Civil and Political Rights signed in 1966 2. Universal Declaration on Human Rights signed in 1948 3. The International Press Freedom 4. The Rome Statute and I think you are aware that someone is still hooked at the ICC courtesy of the treaty. In respect to Freedom of Expression, and I quote Chapter 4 of the constitution 4(1) Every person has the right to freedom of expression, which includes (a) Freedom to seek, receive or impart information or ideas; (b) freedom of artistic creativity; and (c) academic freedom and freedom of scientific research. The bad law outlaws expression of ideas and political statements on matters of general public interest, cartoons that criticize the government stand outlawed. Holding demonstrations and protests as enshrined in the constitution now is a sin. In Chapter 4 in the bill of rights in part 2 of rights and fundamental freedoms we find Freedom of the media and I quote: (1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33 (2). (2) The State shall not-- (a) exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or (b) penalise any person for any opinion or view or the content of any broadcast, publication or dissemination. (3) Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that-- (a) are necessary to regulate the airwaves and other forms of signal distribution; and (b) are independent of control by government, political interests or commercial interests. Under this new law there is no more protection of free press. It is worth noting that the new law outlaws free media expression by restricting what is to be published, imposing hefty fines on publications thought as criminal and requiring journalists to reveal their sources of information. WE NEED TO COME OUT AS A PEOPLE AND DEFEND THE MEDIA RIGHTS I again read from the national police act and find out that some powers are removed there; 9. Appointment of the Inspector-General and the Deputy Inspectors-Generals. The Inspector-General, the Deputy Inspector-General in charge of Kenya Police Service and the Deputy Inspector-General in charge of Administration Police Service, shall be appointed to office in accordance with Article 245 of the Constitution and sections 12 and 13 of this Act. This draconian security law further removes these powers of the National Police Service Commission (NPSC) in hiring of the Inspector General of Police (IG) and other senior Security Officers and puts those powers on the President. The law removes the term of the IG. The law assumes that the president is an angel and can perform better in the appointment of the IG and other security officials compared to the NPSC. I quote part of the constitution (1) An arrested person has the right-- (a) to be informed promptly, in language that the person understands, of-- (i) the reason for the arrest; (ii) the right to remain silent; and (iii) the consequences The law is bad and we must arise against in once and for all. The matter is before the court of law as presented by the opposition alliance CORD and we are waiting for the court ruling on the same. Hearing continues on 29th December 2014 at the Milimani law courts. The courts might fail but the streets won’t fail.
Posted on: Fri, 26 Dec 2014 08:41:00 +0000
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