By Phil Wesonga
AG petition on suspension of security act clauses dismissed.
The Court of Appeal has dismissed Attorney General Githu Muigai petition challenging Justice Odunga’s suspension of eight clauses in the new security law.
In his ruling on January 2, 2015, Justice George Odunga gave conservatory orders with respect to eight clauses pending hearing and determination of the petitions.
He also determined that the petitions raised substantial questions of law under clause 3 (b) and (d) of Article 165 (4) of the Constitution and recommended the empanelling of a bench by the CJ, to hear and determine the petitions. The case had been filed by CORD and the National Commission on Human Rights.
Acting on behalf of the Jubilee administration, the AG had filed a Memorandum of Appeal and an urgent application to have the order suspended, arguing that under Article 23 of the Constitution, the court could not suspend an enacted law but can only declare it invalid as a final determination in proceedings.
So far, Chief Justice Willy Mutunga has constituted a five-judge bench to hear and determine the Coalition for Reforms and Democracy (CORD) and the Kenya National Commission on Human Rights (KNCHR) petition challenging the legality of the Security Laws (Amendment) Act 2014.
The bench comprising of Justices Isaac Lenaola (presiding), Mumbi Ngugi, Louis Onguto, Hilary Chemitei, and Hedwig Ong’udi will hear the consolidated petitions in Nairobi on three consecutive days agreed upon by the parties and deliver judgement on or before February 13, 2015.