The Opposition Cord failed to secure an order to stop implementation of the controversial Security Laws (Amendment) Act 2014. High Court Judge Justice Isaac Lenaola certified the matter as urgent and directed the applicant to serve the Attorney General to appear before him today for the hearing of the petition inter-partes.
Cord moved to court seeking orders to suspend the implementation of the act published on the website of President Uhuru Kenyatta on December 19, 2014. The court heard the act contains several offensive provisions namely Sections 4, 5, 12, 16, 25, 26, 29, 34, 48, 56, 58 and 64 thus it breached the Constitution.
The sections are among those contested by the Opposition. Section 12 for instance takes away the power to decide what to publish in cases of terror. Instead media managers will be required to seek permission from the National Police Service before broadcasting any information which undermines investigations or security operations relating to terrorism commits.
Through their lawyer James Orengo, Cord asked Justice Lenaola to declare the bill that was assented to by the President last week as null and void. They further argued that the security laws Amendment Bill 2014 was not referred to the Speaker of the Senate by the Speaker of the National Assembly after it was passed by the National Assembly. In addition they claimed Speaker Justin Muturi in contravention of the constitution referred to the Bill to President Uhuru Kenyatta for assent.
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