AG Githu Muigai to file response to CORD over controversial security law

Attorney General Githu Muigai

The Government’s legal position over the controversial security law will be known today as its lawyers respond to a petition by the Coalition for Reforms and Democracy (CORD).

Last week, Justice Isaac Lenaola directed Attorney General Githu Muigai to file a response to various grounds raised by CORD regarding the controversial security law, which has also attracted condemnation from civil society and the country’s development partners.

Justice Lenaola allowed consolidation of CORD’s petition with that of Kenya National Commission on Human Rights (KNCHR) on the basis they have raised the same issues which should be heard and determined together.

However, the judge declined to issue temporary orders stopping the implementation of the security laws, insisting he must get a response from the Government before granting any orders.

Public Participation

Both CORD and KNCHR argue that the Security Laws (Amendment) Act, 2014, lacked public participation and was rushed through Parliament.

The two petitioners also want the court to suspend the new law due to what they termed as misconduct of the MPs during its passage as well as failure to involve the Senate.

The KNCHR also accuses the National Assembly of failing to facilitate meaningful engagement of the public before passing the law.

Solicitor General Njee Muturi, who is representing the AG and Director of Public Prosecutions Keriako Tobiko who was enjoined as an interested party, will counter the 10 clauses cited by CORD lawyer James Orengo as being contentious and unconstitutional.

Siaya Senator Orengo asked the court to issue the orders to allow both the National Assembly and the Senate to debate the law before it becomes operational. Orengo urged the court to balance the scales of justice and issue the orders suspending the laws.

However, the Solicitor General and DPP objected to granting of temporary orders seeking to suspend the laws, saying they needed time to respond to the substantive issues raised by CORD.

The case has also sucked in more parties after the Commission for the Implementation of the Constitution through lawyer Paul Nyamodi sought to be listed as a respondent and friend of the court.

CORD alleged that strangers, including officers from the office of the Sergeant-at-Arms, security officers and the Speaker, voted for the bill.