Mswada wa ugaidi Kenya wawakera wengi

[Ab-Titchaz]

Shocking, draconian laws in Kenya's proposed Bill on terror

FROM LEFT: CORD senators Mutula Kilonzo Jnr (Makueni), Moses Wetang'ula (Bungoma) and Amos Wako (Busia) address the media at Parliament Buildings, Wednesday[PHOTO: BONIFACE OKENDO/Standard]

By Roselyne Obala and Geoffrey Mosoku
Updated Thursday, December 11th 2014 at 12:19 GMT +3

NAIROBI: A section of political leaders Wednesday criticised the move by Parliament to introduce new anti- terrorism laws deemed oppressive. The Opposition vowed to challenge the move in court as governors warned that the proposed laws could worsen the security situation.

Six CORD senators termed the amendments contained in the Security Laws (Amendments) Bill2014 retrogressive and an attempt to undermine the Bill of Rights.

The senators, led by Minority Leader Moses Wetang'ula, warned the National Assembly against passing the amendments, failure to which they would move to court.

"The Bill, on the face of it, is derogation on the Bills of Rights which are guaranteed in the Constitution. Any attempt to undermine the Bill of Rights will be resisted, including in the courts," Wetang'ula told journalists at Parliament Buildings.

He was accompanied by Johnstone Muthama (Machakos), James Orengo (Siaya), Amos Wako (Busia) Boni Khalwale (Kakamega) and Mutula Kilonzo Jnr (Makueni).

See also: Kenya-Ethiopia pact targets communities at the border

At the same time, the Council of Governors' chair Isaac Ruto warned that the proposed amendments will not improve the country's security but would create more dissent.

"The Government should seriously look at the problems of security and address them effectively. What the country is facing now has nothing to do with the laws," urged Ruto.

Mr Ruto, who is also the Bomet governor, warned the Government against taking away the liberty of Kenyans under the guise of addressing the runaway insecurity.

DANGEROUS MOVE

"What we are currently witnessing is a scheme to go back to the old ways and methods to restore security. These attempts are dangerous and this is not the right route to take. The Constitution heavily stresses on public participation," said Ruto.

He continued: "Let us not take away the freedom of Kenyans in the pretence of tackling security concerns."

The Security Laws (Amendment) Bill, 2014, which targets to amend 21 statutes, seeks to introduce new laws that are set to change the way Kenyans handle security and provide, among other things, sweeping powers to the National Intelligence Service (NIS) to arrest and detain terror suspects for one year.

This is seen as negating the current legal provisions that allow police officers to arrest any suspect and present the same person in court within 24 hours.

The spy agency would have powers to arrest and detain terror suspects whom the NIS officer 'witnesses committing serious offence, finds in possession of any object or material that could be used in commission of a serious offence or suspects of engaging in any act or thing, being in possession of anything that poses a threat to national security'.

It also seeks to give powers to NIS to tap and intercept your communication without a court order, although a similar proposal was rejected a few months ago by Parliament.

If the law is passed, the President will have powers to hand-pick the Inspector General of Police, with the approval of Parliament, removing the National Police Service Commission and other bodies any role in the competitive recruitment of the top cop.

Among the likely casualties of the Bill are journalists and Kenyans on social media who face a jail term of up to three years, a fine of Sh5 million or both for publishing or broadcasting photographs of victims of terror without the consent of the police and that of the victim.

"Any person who without, authorisation from the National Police Service, broadcasts information which undermines investigations or security operations relating to terrorism commits an offence and is liable for imprisonment for a term not exceeding three years or a fine not exceeding five million shillings or both," it adds.

The penal code is also to be amended to provide that; "A person who publishes or causes to be published or distributed obscene, gory or offensive material which is likely to cause fear or alarm to the public is guilty of a felony and shall be liable, subject to if convicted, a Sh1 million fine or imprisonment for a term not exceeding three years, while a media house shall be fined five million shillings."

This provision is targeting members of the public who share information on mobile phones and social media networks.

If the National Assembly passes the amendments, Interior Cabinet Secretary will have powers to gazette and designate areas and time where public meetings, gatherings or public processions may be held, through the amendment of the Public Order Act.

"Any person who unlawfully convenes, organises or promotes a public rally, meeting or processional or neglects or refused to comply with any law relating to public meetings commits and offence and shall be convicted. Apart from conviction, that person shall be held liable for any loss or damage as a result of the public rally."

At the same time, landlords will be required to take details of their tenants which include name(s), ID/passport number, sex, email and telephone and present them to authorities on demand while those operating accommodation facilities will be required to keep similar records of their guests and submit them to police on a weekly basis.

Those found with weapons at places of worship face a jail term of 20 years, while those in charge of the same places will be held accountable for the same with a similar jail term if convicted.

The opposition senators described some of the proposals as unconstitutional and seeking to return the country to the dark days of detention without trial and sedition, arguing this was an attempt to reintroduce some statutes that were repealed in the 1990s through the back door.

"We are slowly going back to the dark old ways if we will not be careful and the sacrifices Kenyans paid to expand the democratic space will be reversed," Orengo said.

MEDIA FREEDOM

He warned that some of the provisions, especially on media freedom, were adding more insult into injury after the National Assembly passed two other laws – Media Council of Kenya and Information and Communications Act – which contain punitive clauses that impede the working of journalists.

CORD senators accused the National Assembly leadership of sidestepping the Senate by introducing the Bill, saying Article 110 of the Constitution requires the two House speakers to consult on whether any Bill touches on county matters.

"Although national security is a mandate of the national government, it's nevertheless touching on counties and thus Senate must be involved," Wako, who is the immediate former Attorney General, said.

Senator Billow Kerrow (Mandera) argued "Significant involvement of the public in security matter will arrest the problem. The Government needs to focus more on ensuring security agencies and the local population have a good relationship to volunteer information, which would lead to the arrest of suspected criminal".

Standard Digital News - Kenya : Shocking, draconian laws in Kenya?s proposed Bill on terror

 

[Ab-Titchaz]

Proposed law on security renews Jubilee, Opposition rivalry

By Amos Kareithi
Updated Friday, December 12th 2014 at 00:00 GMT +3

Kenya: The storm raised by the proposed laws, aimed at curbing terror activities through enhanced surveillance and transfer of more powers to security forces and the Executive, narrowed into another ground for battle between President Uhuru Kenyatta and CORD leader Raila Odinga.

While the Opposition and civil rights groups termed the proposed laws draconian, an invasion of privacy and violation of the rights guaranteed citizens in the Constitution, the Government argued strong action needed to be taken to stem terror activities proposed law on security renews Jubilee, Opposition rivalry and protect Kenyans and their property.

As a heated debate raged in the National Assembly, Nyando MP Fred Outa tried to grab the mace-the symbol of parliamentary authority-in a bid to stop voting on the Bill for it to go to the third reading.

The Bill sailed through for the third reading, even as Parliament was adjourned till February 10 next year.

Reacting to Outa's mace grab, Leader of Majority Aden Duale said: "It is very unfortunate what Outa tried to do. I am sure the people of Nyando are not impressed. The mace is a symbol of authority and instrument of power. Once we adjourn, I will do a lot of counselling for Outa."

MPs were divided along party lines as they debated the Security Laws (Amendment) Bill 2014, with the Opposition members arguing the country was sliding back into the repressive old days.

See also: CORD plots demos over security laws

And as the leaders voiced their concerns, President Kenyatta visited outgoing Inspector General of Police David Kimaiyo to witness the testing of a new command centre that houses Close Circuit Television (CCTV) cameras that were declared ready to combat crime in Nairobi.

This was unfolding as the President's nominee for the position of Interior Cabinet Secretary, Joseph Nkaissery, vowed to mount an all-out campaign against terror.

Mr Nkaissery was vetted by the National Assembly Committee on Appointments before which he had to defend himself against accusations that he was at the helm when serious human rights abuses took place in a military campaign targeting West Pokot in 1984, leading to the death of scores of people.

Mass action

Outside Parliament, Raila voiced his opposition to what he termed the rolling back of freedoms, vowing not to "sit back and watch this happen".

He added: "We will ask Kenyans to rise up against these laws that seek to turn Kenya into a dictatorship. There are three options: Senate, legal action or mass action. If Senate fails, we shall move to court and if court fails, we shall mobilise Kenyans to the streets."

Raila warned that Kenyans could tell when danger was coming their way with excuses being invented to impose dictatorship.

In Parliament, ODM Secretary General Ababu Namwamba also warned that the sweat and blood Kenyans shed to reform the Constitution was being wasted with the erosion of the freedoms. He termed what was going on a "terrible aberration".

"It took two decades of sweat, blood and life to correct the terrible aberrations. As we mark the 51st anniversary, we should be celebrating our own liberties and not ushering in this draconian, retrogressive Bill that is a violation of our Constitution," Mr Namwamba said.

In his opposition to the Bill, Suna East MP Junet Muhamed said if passed, the country would experience "darkness at noon" as it went against the sunshine that had been heralded by the Constitution.

Mr Mohamed argued, "There are many laws to protect this country but corruption has caused this country to suffer from insecurity."

He added that Kenyans would not agree to have an Inspector General of Police who had no security of tenure.

Those in support of the Bill in Parliament were equally robust in their defence, arguing that if Kenyans needed to combat insecurity, they had to make some sacrifices by giving more powers to the President so he could tackle the problem.

The chairman of the Parliamentary Committee on National Security and Administration, Asman Kamama, said these were desperate times that called for desperate measures.

Duale also threw his weight behind the Bill, saying it had mechanisms that gave the President control of security.

This, Duale observed, was necessary to equip Uhuru with the required powers to deal with terrorism because every time terrorists attacked, Kenyans cried out to him yet he did not have the powers to direct the IG.

Kigumo MP Jamleck Kamau argued that even when terrorists attacked the US on September 11, 2001, no efforts were spared and the government used all its powers to pursue the perpetrators.

Standard Digital News - Kenya : Proposed law on security renews Jubilee, Opposition rivalry

 

[Ab-Titchaz]

Standard Digital News - Kenya : Security bill passed to third reading

 

[MNYISANZU]

Uhuru is seeking an imperial power through the back door of terrorism.

 

[Kakende]

Wakenya waliouawa na Al Shabaab mjini Madera wakichimba machimbo ya mawe

​

Bunge la Kenya limepitisha mswada unaolenga kuwapa nguvu zaidi maafisa usalama kukabiliana na ugaidi pamoja na maswla mengine ya usalama.

Wabunge walihusika na mjadala mkali Alhamisi kabla ya mswada huo kupitishwa huku upinzani ukisema kuwa ikiwa itakuwa sheria itakuwa inakiuka haki za wananchi.

Wabunge hao pamoja na mashirika mengine ya kutetea haki za binadamu yanasema kuwa watafanya maandamani ikiwa mswada huo utapitishwa bila ya kufanyiwa mabadiliko ili isikiuke haki za binadamu.

Kundi la wapiganaji wa kiisilamu la Al shabaab limekua likishambulia Kenya mara kwa mara wataalamu wa wakisema kuwa Kenya haina mikakati mizuri ya kudhibiti usalama wake.
Sheria hizo mpya zinampa Rais na mashirika ya ujasusi mamlaka mapya.
Wito ulitolewa kutoka pande zote bungeni kwamba baadhi ya vipengee vya mswada huo ambavyo ni tatanishi kufanyiwa marekebisho.

Badhi ya vipengee hivyo ni:

• Uhuru wa maafisa wa usalama kuwazuia washukiwa wa ugaidi kwa karibu mwaka mmoja.
• Uhuru wa mashirika ya kijasusi kudukua simu za watu bila ya idhini ya mahakama.
• Na mashirika ya habari kupata udhini ya polisi kabla ya kupeperusha au kuchapisha taarifa za uchunguzi kuhusu usalama wa nchi na maswala ya ugaidi nchini.

Mswaada huo sasa utapelekwa kwa kamati ya usalama bungeni kufanyiwa marekebisho kabla ya kupelekwa kwa Rais kuidhinishwa na kuwa sheria.
Wabunge wa upinzani wamelaani mswada huo na kusema unakwenda kinyume na katiba ya nchi.
Huenda kamati hio ikafanya marekebisho yanayohitajika kwani pande zote zinayaunga mkono.
Rais Kenyatta amesema anataka mswada huo uwe sheria haraka iwezekanvyo.

Vipengee vingine vye sheria hio inayopendekezwa vinampa Rais mamlaka ya kuwafuta kazi na kuwaajiri maafisa wakuu wa usalama, kuyapa mashirika ya ujasusi uhuru wa kuwakamata washukiwa wa ugandi na sharti kwamba watu wanaopatikana na silaha katika sehemu za maombi kufungwa jela miaka 20.

CHANZO: BBC

 

[Gambamala]

Viva Kenyatta, safi, ukikutwa umeweka mapanga kwenye nyumba za ibada unapigwa mvua 20 za faster. Magaidi hatari

 

[Mkoroshokigoli]

Ha ha ha,nimemsikia kenyatta bbc leo anabweka,kwanza aliangalie jeshi lake la polisi na njaa za polisi wake.
Wao watoke S O M A L I A

 

[kiluvya]

Hiyo ya kupigwa mvua 20 yrs imekaa pouwa saanaa....mtu utakaaje na mapanga sehemu ya ibada?

 

[saidkombo]

Nazani Kenyata amekosa kujua kua usalama wa taifa lake uko kwenye maamuzi yake ya kuondosha vikosi vyake kule somalia. Hii kupambana na ugaidi tangu ianze tunashuhudia mauaji ya raia wasio na hatia hivo mswada huo utawapa polisi na vikosi vya usalama kuzidisha mauaji kwa raia wake.

Kuwazuia waandishi wa habari wasitoe habari mpaka ikaguliwe na vyombo vya dola ni kuwaacha maharamia kwenye Serikali waendelee kuhujumu na huu ndio ukiukaji wa haki za binadamu.

Kenya imefungua mlango wa vita wasivo vuweza suluhusho lake ni kujitoa katika vita hivo tu sio kusumbua watu wengine.

 

[Granta]

Naona Kenya wanarukaruka tu, toeni majeshi somalia, lindeni mipaka yenu, imarisheni ulinzi wa ndani.

Kurukaruka huku hakusaidii kupunguza chochote

 

[UCD]

saidkombo

Safi magaidi hawana maana na hawachagui waache wapigwe vua 20 ili wakomee.

 

[saidkombo]

Tatizo sio kushuhulikia magaidi hii ni haki ya kila serikali kujihami lakini tatizo ni wale raia wanao uawa kama nzige.

 

[Aidia]

Naona Kenya wanarukaruka tu, toeni majeshi somalia, lindeni mipaka yenu, imarisheni ulinzi wa ndani...

Kurukaruka huku hakusaidii kupunguza chochote

Elewa kwamba ugaidi wa somalia ulishaiathiri sana Kenya kabla ya majeshi yake kwenda huko

 

[Gambamala]

Granta

Kabla ya Kenya kwenda Somalia watalii Kenya walitekwa kama kawaida. Hivi sasa Kenya imefanikiwa kuisambaratisha Al shaabab ndani ya Somali hasa katika miji mikubwa.

Kwa taarifa yako ni kwamba kwa sasa Al shaabab hawana tena mirija ya mapato kama ilivyokuwa zamani maana bandari zote zimetekwa. Hawa wachache wanaoshambulia Kenya ni masalia, pia kiongozi wao mkubwa ameuawa na Marekani.

Kwa ujumla Kenya wamefanikiwa ingawa hakuna mafanikio yasiyo na gharama.

Majeshi ya kenya yaendelee kukaa huko, wakitoka huko Somalia itageuka kuwa Terrorist bleeding ground ya East Africa, jambo ambalo ni hatari kwa nchi yetu.

 

[flyingcrane]

Naona itakuwa sawa hawa jamaa kunyongwa pia

 

[Granta]

Gambamala

Hadi lini Kenya itakaa Somalia, uwezo wa kulihudumia jeshi wanao? USA kaenda Afghanistan miaka 13 iliyopita na hakuna mafanikio ya kimsingi yaliyopatikana...wanataka kuondoka wanashindwa.

Kaondoka Iraq miaka mitatu iliyopita imemlazimu kurudi tena.

NATO kaingia Libya hakuna alichofanya zaidi ya kuleta vurugu, USA aliingia Somalia akaachana napo baada ya kuona hamna tija, endeleeni kuwadanganya wakenya

 

[Gambamala]

Hadi lini Kenya itakaa Somalia, uwezo wa kulihudumia jeshi wanao...? USA kaenda Afghanistan miaka 13 iliyopita na hakuna mafanikio ya kimsingi yaliyopatikana...wanataka kuondoka wanashindwa...

Kaondoka Iraq miaka mitatu iliyopita imemlazimu kurudi tena...

NATO kaingia Libya hakuna alichofanya zaidi ya kuleta vurugu, USA aliingia Somalia akaachana napo baada ya kuona hamna tija... endeleeni kuwadanganya wakenya

Unataka watoke Somalia ili iweje?

 

[Ghosryder]

Viva Kenyatta, safi, ukikutwa umeweka mapanga kwenye nyumba za ibada unapigwa mvua 20 za faster. Magaidi hatari

Walichelewa sana kutunga sheria hii.

 

[Granta]

Gambamala

Hili nalo swali la kuuliza? OMG

 

[Black Sniper]

Hivi maaskari hawataandamana kwa muswada huu ukipita maana rushwa ya kuwaachia silaha kupita mipakani itakuwa ngumu, BBC wamewahoji watu wakasema ni hongo tu silaha inapita. Tusubiri tuone