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The Suppression Of Terrorism Bill, 2003
A POPULAR VERSION TO ENABLE A MORE COMPLETE UNDERSTANDING THE CONTENT, IMPLICATIONS AND THE ISSUES EMERGING IN THE PROPOSED SUPPRESSION OF TERRORISM BILL, 2003 Introduction: This version of the law is intended as a guide to help the user understand the law and its implications, including what inferences are to be made from the proposals made in it. At the same time, it intends to make the user cognisant of the legal and constitutional difficulties that may be created by the adoption of the proposed Suppression of Terrorism Bill, 2003. Applying the Constitutional test to The Suppression of Terrorism Bill, 2003 Every proposed law in Kenya must meet one simple test – it must be ‘constitutional’, meaning simply that the law must not in any way offend any clause in the Constitution of Kenya, the supreme law of the land. At the same time no proposed law must provide for powers not expressly granted to any person or authority under the Constitution of Kenya, nor allocate such powers to any entity, local or foreign, nor expand the jurisdiction of any person, authority or entity beyond that which is provided for under the Constitution of Kenya. A proposed law may not negate, erode or derogate any rights expressly granted by the Constitution and must not, in particular, interfere in any way with the fundamental rights provided for in the Constitution of Kenya. A section of this guide will, therefore, interrogate the Suppression of Terrorism Bill, 2003 for constitutionality.
[1] Wangui Mbatia is the National Secretary of the Kenya Network of Grassroots Organisations (KENGO).Registered as a society under the Societies Act, Cap 108, KENGO is a national coalition of registered people-driven organisations including self-help groups, CBOs, FBOs and NGOs. |
