Law Society of Kenya wants Security Bill reviewed extensively

Nairobi, Kenya: The Law Society of Kenya (LSK) has called for an extensive review of the Security Bill before enactment into law.

LSK CEO Apollo Mboya said that the Security Laws (Amendment) Bill 2014 should be reconsidered urgently and amended in line with the Constitution.

“The Bill also requires strong inputs from stakeholders backed with deep research towards addressing the glaring inherent gaps,” Mboya said.

He said that Article 238 of the Constitution provides that National Security shall be pursued in compliance with the law and with utmost respect for the rule of law, democracy, human rights and fundamental freedoms.

“The Memorandum of Objects and Reasons of the Security Laws (Amendment) Bill 2014 is misleading to the extent that it suggests that the amendments are minor,” Mboya said.

He said that the LSK Council analysed in-depth the proposed law before coming up with a Memorandum on the Security Laws (Amendment) Bill 2014.

The CEO explained that some specific provisions demonstrate that the Bill has serious ramifications for the enjoyment of certain constitutional rights.

“Some of the grossly affected rights relate to access to justice, freedom of association and information, freedom of association and assembly and the right to privacy,” Mboya said.

He said that some of the provisions are discriminatory in application and argued that respect for human rights is interdependent with the Rule of Law and good governance.

“Some of proposed amendments seek to dispense with the requirement for accountability and fair administrative action,” Mboya said.

He pointed out provisions with regard to the appointment, security of tenure and removal from office of the leadership of the National Police Service and the National Intelligence Service.

“Security and human rights are mutually reinforcing and should not be made to appear incompatible as proposed by the tone and content of the proposed amendments,” Mboya said.

He said that the aggregated impact of the proposed amendments on the rights of accused/ arrested person and access to justice generally is unconstitutional because limit rights without complying with Article 24 of the Constitution.

“Broad and sweeping powers are proposed to certain offices without corresponding provisions for oversight,” Mboya said.

He said that the proposed repeal of Sections that provided for accountability and transparency within the National Security organs will create room for abuse of fundamental rights.

“Security is a fundamental right as in its absence there is a threat to the enjoyment of other rights. The need for the State to guarantee security cannot be overemphasized,” Mboya said.