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Over 90 per cent of Security Act left intact, Government says

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By Standard Reporter | Feb 24th 2015 | 2 min read
Attorney General Githu Muigai has been representing the Government in court to challenge nullification of security law clauses. The Government now says it will consider seeking redress at the Court of Appeal.

Nairobi, Kenya: The Government has said that it respects High Court’s ruling that declared some clauses of the Security Laws (Amendment) Act 2014 unconstitutional.

In a statement, the Government indicated that over 90 per cent of the security laws were left intact after the court nullified clauses 12, 64, 66, 34, 16, 42, 20, 26, 48 and 95.

“The Government respects the decision of the Court and notes that this was a large Bill with many provisions. The Court’s decision left intact more than 90 per cent of it. In doing so, the Court also confirmed the need for comprehensive legal mechanisms to address security challenges that Kenya faces,” reads the statement by State House Spokesperson Manoah Esipisu.

The Security Laws (Amendment) Act 2014 was enacted by Parliament and signed into law by President Uhuru Kenyatta in December 2014.

The Government maintains that the amendments were a response to the shifting security requirements needed to keep Kenyans safe, following a series of attacks that rocked the country last year and which left several people dead.

In its defense, the Government says the clauses that have been declared unconstitutional are still valid as they are meant for the security of Kenyans and said it will still fight to have them included as part of the law.

“The Government continues to maintain that the 8 clauses struck down by the High Court were necessary in its efforts to keep Kenya safe. As such, it is studying the implications of the ruling to determine whether to appeal or to return the clauses to Parliament with the necessary modifications,” reads the statement.

“The Government remains committed to the war against terrorist and criminal organisations, and will do everything, and use every arsenal at its disposal, to keep safe all those who live in Kenya,” the statement adds.

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