Kenyan lawyers call for review of proposed anti-terror bill

By African Bulletin on December 12, 2014

Kenyan lawmakers on Wednesday called for thorough review of the proposed anti-terrorism law which aims to tighten surveillance on terrorists in the East African nation.

The Law Society of Kenya (LSK) Secretary Apollo Mboya said the Security Laws Bill 2014 should be reconsidered urgently and amended in line with the Constitution before its enactment.

“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 in a statement issued in Nairobi.

He said the proposed bill, which is due for debate and eventually approved on Thursday, also requires strong inputs from stakeholders backed with deep research towards addressing the glaring inherent gaps.

Mboya said 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 Bill 2014 is misleading to the extent that it suggests that the amendments are minor,” Mboya said.

He said the LSK Council analysed in-depth the proposed law and noted 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.

The bill comes as Somali militants operations have sown terror across Somalia and Kenya in recent years with coordinated attacks against hotels, shopping centres, and other civilian areas.

The bill if passed, the new laws will provide for the detention of persons beyond the 24 hours stipulated in the constitution without trial. It gives the National Intelligence Service (NIS) unlimited powers to tap communication and to do so without a court order.

It also amends NIS Act by empowering police officers to stop and detain persons whom they witness engaging in serious crimes or are in possession of objects or material that could be used for the commission of serious crimes. Currently, NIS officers lack arrest and detention powers and are only limited to intelligence gathering.

The proposed changes also seek to make it an offence to publish or broadcast photographs of victims of terror attacks without the consent of the police or the victim.

Broadcasts, which undermine investigations or security operations related to terrorism, will be subjected to a jail term of three years or to a fine of 55,600 U.S. dollars or both.

A foreigner who enters or passes through the country for purposes of engaging in terrorist activities in Kenya or elsewhere faces a jail term not exceeding 30 years.

The bill also proposes that any terror related suspects, or individuals facing serious crimes, such as treason and rape, would be automatically denied bail by the courts.

In a bid to curtail rising use of houses of worships, particularly mosques, to preach terror-inspiring ideologies or to store weapons, those found liable will be jailed for 30 years upon conviction.

Mboya said 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.

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