Victory for Kenya as tyrant law is dealt a blow

24 Feb 2015

A High Court ruling has declared seven sections of the Security Laws (Amendment) Act 2014 to be null and void. The ruling, delivered on Monday, also indicated  that the law violated freedoms guaranteed under the Kenyan constitution.

The five judge bench consisting of Justices Isaac Lenaola, Mumbi Ngugi, Hedwig Ong’udi, Hillary Chemitei and Louis Onguto invalidated sections 12, 16, 20, 26, 34, 48 and 95 of the controversial act in a ruling that has been a huge relief for Kenyans.

Sections that were designed to gag the media, and Kenyan citizenry, were among those scrapped off the law, which has been criticized as an attempt by Kenyatta's regime to curtail freedoms and re-introduce dictatorship in the country.

The judges also upheld an accused person’s right to be informed of evidence against him, and the right to be released on bond or bail given reasonable conditions.

The ruling was delivered on a case filed by the Coalition for Reforms and Democracy challenging these so-called "anti-terror laws".

The Coalition explained that Jubilee had undermined the rules of procedings in the National Assembly when they passed the bill.

President Kenyatta subsequently hurriedly signed the bill into law on December 19, 2014 after Parliament passed it during a chaotic session the previous day.

In response to the outcome, CORD filed a petition in the High Court a few days later, challenging the constitutionality of the act.

The government is however reported to have said they would appeal the ruling.

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