191. In the result I grant conservatory orders suspending the following Clauses in The Security Laws (Amendment)Act, No 19 of 2014 together with the amendments to the respective Statutes pending the hearing and determination of these petitions: (1) Clause 12 which inserted section 66A to the Penal Code. (2) Clause 16 which inserted section 42A to the Criminal Procedure Code. (3) Clause 26 which inserted section 20A to the Evidence Act. (4) Clause 29 which inserted section 59A to the Evidence Act. (5) Clause 48 which inserted section 16A to The Refugees Act. (6) Clause 56 which repealed and substituted Part V of The National Intelligence Service Act. (7) Clause 58 which amended Section 65 of the National Intelligence Service Act by deleting the word Parliament and substituting therefor the words National Assembly. (8) Clause 64 to the extent that it introduces sections 30A and 30F of The Prevention of Terrorism Act. 192. Pursuant to Article 165(4) of the Constitution I hereby certify that these petitions raise substantial questions of law under clause 3(b) and (d) of Article 165. Accordingly I direct that these petitions be transmitted to the Hon. The Chief Justice forthwith for the purposes of empanelling uneven bench of not less than three Judges assigned by him to hear and determine the petitions. 193. The costs of the applications shall be in the cause. 194. It is so ordered Dated at Nairobi this 2nd day of January, 2015 G V ODUNGA JUDGE kenyalaw.org/caselaw/cases/view/104799
Posted on: Fri, 02 Jan 2015 16:39:00 +0000
Trending Topics
Recently Viewed Topics
© 2015