Roundup: Kenya mulls appeal against court ruling on security laws

The Kenyan government said it may consider filing an appeal against the High Court ruling on Monday which declared eight clauses from the controversial security laws unconstitutional.

In a statement issued in Nairobi on Tuesday, presidential spokesman Manoah Esipisu said the government may alternatively consider sending the matter back to Parliament with necessary changes because it still holds that the laws are necessary to shield the country from security threats.

"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," Esipisu said.

Five High Court judges on Monday struck out eight clauses which violate the freedom of the media, refugees and those that stifle Kenyan's civil rights among others.

Other clauses nullified include those that make it an offence for the media to publish or broadcast photographs of victims of terror attacks without the consent of the police or the victim.

The judges also nullified sections touching on the right of an accused to be released on bail (fair hearing) and the provision limiting refugees coming in to the country to 150,000.

The judges also upheld an accused person's right to be informed of evidence against him, and the right to be released on bond or bail given reasonable conditions.

A clause that could have allowed police to detain terror suspects for long without charges was also nullified by the five- judge bench.

In their ruling, the judges led by High Court Judge Justice Isaac Lenaola said that one cannot wait until their rights are violated before they move to court to seek redress.

The three judges also ruled that the main challenge to security in Kenya is lack of effective ways to implement laws and not lack of proper legislation.

However, the government said it was pleased that most of the clauses in the security laws were retained, which was crucial for the government's intentions to make Kenya secure.

The government said it respects the decision of the Court and noted that this was a large Bill with many provisions.

"The Court's decision left intact more than 90 percent of it. In doing so, the Court also confirmed the need for comprehensive legal mechanisms to address security challenges that Kenya faces," Esipisu said.

He said the security amendments were a response to the shifting security requirements needed to keep Kenyans safe, while upholding the civil rights enshrined in the Constitution.

"As such, it joined Kenya to the long list of democracies that have been updating their security laws to better ensure the safety of citizens from terrorist and criminal organisations that operate with increasing sophistication and brutality," Esipisu said.

He expressed the government's commitment 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. Endi