I am reading the Security Laws (Amendment) Bill, 2014 and I wish to comment as follows on the portions that I have already read (am still reading): The proposed section 5A of the Public Order Act restricts the right to assemble, demonstrate, picket, or present petition, as well as the right to associate. The way the amendment is crafted does not meet the threshold of Article 24 (2) of the Constitution of Kenya 2010. Article 24 of the Constitution allows restrictions on the rights and freedoms but sets the minimum requirements. The drafters will have to refine the proposed section 5A of the Public Order Act to cushion it from challenge in a constitutional court. Again, the proposed section 66A of the Penal Code is too vague and may lead to harassment of suspects. The section provides: A person who publishes or causes to be published or distributed obscene, gory or offensive material which is likely to cause fear and alarm to the general public or disturb public peace is guilty of a felony... What is the meaning of gory or offensive material which is likely to cause fear and alarm to the general public or disturb public peace? The same vagueness is exhibited in the proposed section 251A of the Penal Code which reads: A person who intentionally insults the modesty of any other person by intruding upon that person’s privacy or strips such person, is guilty of a felony... Whereas stripping a person is clear, the phrase intentionally insults the modesty of any other person by intruding upon that person’s privacy is far from clear. On the whole, I have seen very many useful provisions in the proposed amendments and Parliament should debate the Bill soberly and make the necessary changes for the wellbeing of all Kenyans.
Posted on: Mon, 15 Dec 2014 11:45:33 +0000
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