By Standard Team

 A group of Muslim leaders have proposed amendments to the contentious Prevention of Terrorism Bill even as others, including lawyers at the Coast, maintained it would infringe on constitutional rights and victimise members of the faith.

The Bill yesterday passed its second reading in Parliament and is now in the Committee stage where the amendments will be incorporated.

The region has faced recent terror attacks blamed on Al Shabaab and many local youth have joined extremist groups abroad, including Somalia. The Muslim leaders met with top Government officials led by the Internal Security Minister Katoo ole Metito. The meeting resolved that the Bill be amended to address their concerns when it comes to the floor of Parliament.

They, however, declined to reveal the nature of the amendments agreed with the minister.

Those present at the meeting included Justice and Constitutional Affairs Minister Eugene Wamalwa, Internal Security PS, Mutea Iringo, and MPs Abdikadir Mohamed, Mohamud Mohamed, Sheikh Mohamed Dor, and former MP, Billow Kerrow, among others.

The leaders said they had agreed to amend clauses they deemed contentious and go against the Bill of Rights, but refused to state the clauses saying the issue would be discussed in the House.  “We will not discuss the particular clauses here because they are coming up in Parliament for debate,” said Mr Dor.

Metito said the purpose of the meeting was to ensure all Kenyans understand the objective of the Bill so they could support it.

“I am happy to state that we have addressed all the concerns raised by the Muslim leadership and agreed to support the Bill,” said Mr Metito.

There are intelligence reports that international terrorist groups have cells in the Coast Province.

Several trials of terrorism suspects, including foreigners, are ongoing in Mombasa and Lamu. Last month, an unidentified people murdered radical Islamist and terror suspect Sheikh Aboud Rogo, a month after he and his friend Abubakar Shariff and Kenyan Awadh Omar Awadh, who is detained in Uganda on terrorism charges were placed on a US sanctions list for allegedly supporting Al Shabaab.

Security officials have said that besides joining Al Shabaab, the province is vulnerable to terrorist infiltration due to cultural, demographic, historical factors, and its proximity to Somalia.

Some of the most gruesome terror attacks in Kenya have occurred at the Coast, including the first suicide bombing at a police station in Mombasa in 2004 and the 2002 bombing of an Israeli-owned hotel at Kikambala in Kilifi.

Opposition to the Bill stems largely from fears that Muslims, whom the leaders claim have been the main terror suspects, could be harassed on the basis of mere suspicion as the Bill gives police sweeping powers to overturn basic rights and freedoms.

  Religious emotions

But some lawyers say debate on the Bill should be devoid of religious emotions.  Others say the proposed law is long overdue to protect Kenya from the scourge of terrorism.

Jared Magolo, a lawyer, says security forces need adequate legislation to fight modern terrorists. However, Abubakar Yusuf, a lawyer in Mombasa, wants it shelved arguing the “penal code is sufficient to handle these kinds of crimes”.

While Muslim leaders warn the Bill could turn into a monster and haunt politicians, including MPs, if they passed it in its current form.

 Mombasa branch of the Law Society of Kenya chairman, Eric Nyongesa, said yesterday the Bill should undergo public debate to allay fears among Muslims that it was being imposed on Kenyans by Western countries.?

Nyongesa said Muslims are concerned of clauses that give police powers to arrest suspected terrorists based only on their way of preaching and attire.?“When a Muslim preacher seems to be aggressive in his sermons, he can be easily be mistaken to be a terrorist, which should not be the case,” said Nyongesa.?He said the focus should be on properly equipping the Anti-Terrorist Police Unit.

The leaders said the Bill, if adopted in its current form, would target non-Muslims and politicians as well, adding that police should not be empowered to detain people on account of suspicion.

Supreme Council of Kenya Muslims (Supkem) Coast regional chairman, Sheikh Sharif Muhdhar Khitamy, said the Bill gives police powers to harass political rivals at the behest of powerful people.

“Under this Bill a terrorist suspect is identified by mere dress, appearance, utterances, and association and this can be easily abused if full powers are vested in the Inspector-General of Police,” Khitamy warned.

He said the terror law must be aligned to both the Constitution and Bill of Rights.

Kenya Muslim National Advisory Council chairman Sheikh Juma Ngao said rivals instead of fighting the heinous crime could use the Inspector General of Police to harass and seize the properties of terror suspects.

   Political scores

“There is danger of politicians using this Inspector General of Police and the terror law to settle political scores. Even religious leaders, including Muslims and non-Muslims, can get a window of opportunity to fight their rivals.” Council of Imams and Preachers of Kenya National Organising Secretary, Sheikh Mohamed Khalifa, said the current laws are adequate to fight terrorism, citing the recent jailing of a terror suspect in Nairobi for 59 years.

“If our courts can mete out such a stiff sentence it means the country has adequate legislation to deal with terrorism. We support the war against terrorism, but our concern is that the Bill is against the Constitution, including the Bill of Rights, and must be amended,” Khalifa said.

Kenyans suspect the Bill is being forced on the country by Western governments.

“If given powers proposed in the Bill, the Inspector General of Police would turn into a monster. He would be used to silence many people, Muslims, and non-Muslims. This is why all Kenyans should be concerned,” Khalifa, argued.

Promoting the Bill recently, Wamalwa said Kenya could no longer take terrorism lightly following recent bombings in Kenyan towns.

“The terrorists are not going to wait for us. They say time and tide wait for no man; neither does terrorism. Let us move forward; let us see what amendments we can bring to address these concerns,” Wamalwa said, denying that the Bill targets Muslims and Islam.

“Terrorism knows no tribe; terrorism knows no religion, and it respects no boundaries. We cannot fight it barehanded. We need tools and legal instruments with which to fight it,” Wamalwa added.

But the Law Society of Kenya (LSK) expressed fears the Bill infringes on the right to freedoms of expression, media and religion, in addition to limiting the right to a fair trial.

LSK chairman, Eric Mutua observed that sections of the Bill must be amended, as they are retrogressive. “There are three or four clauses in Part 4 that need further interrogation. One of them is the right to remain silent,” said Mutua.

Right to remain silent

Under the Constitution, noted the LSK chief, one has the right to remain silent under interrogation, yet the Bill proposes that one can be compelled to speak and provide documents after a court order.

— Reporting by Patrick Beja, Willis Oketch, Ngumbao Kithi and Cyrus Ombati?