Uhuru has declared an unconstitutional state of emergency over Kenya:
On 8th December 2014, the government published The Statute Law (Miscellaneous Amendments) Bill 2014.
The purpose of this Bill was an attempt to circumvent Article 24 of the Constitution and limit several rights that are guaranteed in the Constitution.
Article 24 provides that a right or fundamental freedom in the Bill of Rights shall not be limited except by law and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.
The Bill was passed and assented to by the President on 19th December 2014.
CORD challenged this law in the High Court and its provisions were struck down by the Court for derogating the Bill of Rights.
It is clear that President Uhuru Kenyatta did not give up his clear goal of turning Kenya into a police state.
Two times in the last two months, he has, through his Cabinet Secretary for Interior Mr. Joseph Nkaisserry, issued orders attempting to outlaw first, the Madaraka Day celebrations hosted by CORD at Uhuru Park and, secondly, the anti-IEBC protests that was to be held on the 6th of June 2016.
In both instances, the High Court has also struck down the illegal orders and upheld the constitutionally guaranteed right of assembly and demonstrations.
Yesterday President Uhuru Kenyatta, again through Mr. Nkaissery, responded to the High Court rulings by purporting to totally outlaw all forms of demonstration in Kenya.
In effect, the President has suspended the operation of Articles 37 and 38 of the Constitution and delimited their enjoyment by any Kenyan until further notice.
Article 37 guarantees the freedom of assembly, demonstration, picketing and petition. Article 38 on the other hand guarantees political rights.
Under Article 37, every person has the right, peaceably and unarmed to present petitions to public authorities.
Under Article 38, every citizen is free to make political choices which include the right to participate in the activities of a political party and to campaign for a political party or cause.
By suspending articles 37 and 38 of the Constitution yesterday, President Uhuru Kenyatta effectively declared a State of Emergency in Kenya.
The Constitution is clear as to how the President can bring into force a State of Emergency.
Article 58 lays out steps that must be followed. If the President wants to declare a state of emergency he must comply with Article 58.
Firstly, he must declare it openly and not delegate the declaration to the Cabinet Secretary.
Secondly, the State of Emergency cannot be in force for more than 14 days, after which it can only be extended by the National Assembly.
For these reasons, CORD intends, on behalf of all the citizens of this nation, to challenge the declaration of the State of Emergency at the Supreme Court in accordance with Article 58.
In the meantime, CORD will rightfully ignore the continued unconstitutional and illegal orders of the Cabinet Secretary in charge of Security.
The reckless statements made by the President through the Cabinet Secretary are unconstitutional and illegal and only calls for denunciation and rejection.