THE High Court decision suspending sections of the Security Laws (Amendment) Act which give intelligence agencies more power to fight terrorists is threatening national security, the state has said. Director of Public Prosecutions Keriako Tobiko yesterday said stopping the government from enforcing the anti-terror laws will compromise public interest. Yesterday Attorney General Githu Muigai and Tobiko pleaded with the Appeal Court judges to lift the order suspending the Act as it was given in error of law. The DPP told judges Daniel Musinga, Patrick Kiage and Agnes Murgor that the National Intelligence Service plays a critical role in protecting Kenya and stopping it from accessing information relating to terror threatens security. Tobiko said terrorism is a serious problem in the country and lack of the laws suspended by the High Court will have a serious impact on the fight against the menace. The sections suspended by judge George Odunga are 12, 16, 26, 29, 48, 56, 58 and 64. Odunga gave the orders following an application by the Cord coalition. The opposition party said if the law is not blocked, the government will turn into a dictatorship. The suspended sections include those on interception of communication without a court order and covert operations and forced searches by the National Intelligence Service. Also suspended are sections limiting media freedom and imposing jail terms of up to three years and hefty fines for reports deemed to undermine police investigations on terrorism. The orders also removed a ceiling on the number of refugees allowed in Kenya. In his ruling Odunga had said: “We cannot limit the freedoms and inalienable rights in the pretext of fighting terrorism, which must be done in the confines of the law.
Posted on: Tue, 13 Jan 2015 10:13:56 +0000