Court throws out AG’s appeal on security laws
The Court of Appeal has thrown out a request by Attorney General to reinstate eight clauses of the controversial Security Laws Act that were suspended by a High Court Judge.
Appellate Judges Daniel Musinga, Patrick Kiage and Agnes Murgor ruled that Attorney General Githu Muigai had not proved that the suspension of the clauses had created a vacuum in fighting terrorism.
High Court Judge George Odunga had earlier in the month suspended eight clauses of the draconian law, among them the powers for the spy agency to carry out special operations to avert terror attacks.
The suspended laws are sections 12, 15, 26, 29, 48, 56, 58 and 64.
But in his appeal, Prof Muigai told the Appeals Court Justice Odunga had no jurisdiction to suspend part of the Security Laws (Amendment Act) 2014.
He argued the matter should have been left to Chief Justice Willy Mutunga to appoint a bench to interrogate whether the new law was unconstitutional.
Chief Justice Willy Mutunga has already appointed a five-judge bench led by Justice Isaac Lenaola to determine the constitutionality of the security law.
Other judges in the bench are Justices Mumbi Ngugi, Hillary Chemitei, Hedwig Ong’udi and Joseph Onguto.