Parliament doesn’t have final say on security bill, says ombudsman

Kenya: The country stands to lose hard gained freedoms under the guise of fighting terrorism, Commission on Administrative Justice (ombudsman) Chairman Otiende Amollo has said.

Mr Amollo, who was awarded a honorary Doctorate degree for his contribution to human rights and access to justice for the past two decades, said the Security Laws (Amendment) Bill 2014 should be reviewed.

“If the bill is passed without some clauses that are intimidating human rights changed, then we might end up suspending the entire regime of human rights,” he said.

Amollo said that the country ought to be careful that even as security matters are given priority, the provisions of the Constitution are not compromised.

“We also support the idea of consultation and discussion including public participation. The Constitution requires consultation before any piece of legislation is passed,” Amollo said.

He said if this is not adhered to, then there is a high risk of passing legislation that the courts will declare unlawful.

“Parliament does not have a final say. Their decision can be challenged and declared unconstitutional,” he said.

On the de-registered Non Governmental Organisations (NGOs), he hopes due process was followed. He said they expected that prior to the de-registration, notices were issued and sufficient reasons given.

Amollo also doubted the possibility of only those with Doctor of Philosophy (PHD) qualifications teaching at the universities as had been insinuated by Education Cabinet Secretary Jacob Kaimenyi.