Suspension Of Security Laws Is An Indictment Against Jubilee Government! That the high court of Kenya temporarily suspended implementation of 8 sections of controversial Security Laws (Amendment) Act 2014 which was hurriedly enacted through skewed process that violated parliamentary procedure and infringed upon the bill of rights as enshrined in the constitution is an indictment against Jubilee government in general and president Uhuru Kenyatta and his legal advisors in particular. Most of the clauses that were suspended pending hearing, were suspiciously inserted in the amendment bill for dictatorial reasons which includes stifling dissent, undermining peoples sovereignty, sidestepping the senate and gagging the media. Furthermore, these wrongheaded laws were erroneously passed under misguided emotions that would undoubtedly infringe on the bill of rights that protects the dignity of humanity. The new laws took a rather ambiguous trajectory that promoted the ability of enforcers to violate rights to privacy, execute arbitrary arrests and imprisonment of suspects, violate freedom of speech, violate rights to a fair trial and undermine international laws that regulate rights of refugees. Moreover, by granting the president arbitrary powers to influence a rather open process of hiring and firing inspector General of police; the security laws undermined the doctrine of checks and balances as envisaged by the constitution. The message from the high court to the government was crystal clear. Jubilee doesnt have sharp legal brains that can tactfully preserve self-interests while respecting peoples supremacy. It is now apparent that after a full-hearing, the judge has got limited option but to annul these dictatorial security laws and demand an inclusive process that will enact laws that are in tandem with constitution. Yet, from the get go, even some Jubilee dyed-in-the-wool supporters had acknowledged inconsistencies and ambiguities in the bill that required amendments before presidential assent. Even non-partisan institutions that didnt have a dog in the fight such as the Law Society of Kenya, Constitution implementation commission and international community raised serious concerns and demanded a review of the amendment bill. Surprisingly, Jubilees stiff-necked behavior bulldozed reason in favor of dictatorship. Jubilee government must come to a realization that this is a new dispensation. Moi tried dictatorship but he failed miserably. Good news is, dictatorial tendencies will always emerge but in the end, freedom will triumph. More importantly, dictatorship doesnt enhance democracy and security. Neither does it promote good governance nor grows a country. Rather, countries are grown by transparent laws that promote accountability while protecting peoples fundamental freedoms. By and large, Jubilee should arise from day dreaming and realize that dark days of dictatorship and fear mongering is over. This is a 21st century dispensation in which real principles of freedom and democracy not fear must be inculcated.
Posted on: Mon, 05 Jan 2015 06:28:36 +0000
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