The new guidelines put in place by the National Security Advisory Council (NSAC) seeking to do away with divisive politics and sentiments have not been received well by the Law Society of Kenya. The Society’s president Nelson Havi has accused the Council of trying to take away the constitutional right of Kenyans to meet and assemble, “There is a determined effort by the executive to cut off the freedoms and rights of Kenyans especially when the right to assemble and the right to express themselves is concerned. We have a transformative constitution that does not allow the making of roadside decisions like the one that was made yesterday by the national security council.”
Havi who was addressing the media after touring Busia law courts and meeting LSK members, termed the decision by the National Security Council null and void, “That decision does not have any foundation whatever because it purports that you will be required to give three days notice to the national security council before you hold any public gathering yet the constitution gives you the right to meet or assembly provided you are doing it in a peaceful manner.”
He also expressed concerns over the violation of the constitution by government officials who took an oath to protect it, “We are here to rally support for the restoration of constitutional order. The need to restore constitutional order is urgent now than ever before because the three arms of government have deteriorated in their performance of duties as required by the constitution.” He reiterated that Parliament should be dissolved in accordance with Chief Justice David Maraga’s advisory, “Has parliament been dissolved? No, why? Because Parliament and the Attorney General have gone to court to sue the Chief Justice. You can imagine what a chaotic state of affairs for state organs to go to court to sue the head of the judiciary.”
The LSK President also took issue with President Uhuru Kenyatta for refusing to swear in judges seconded by Judicial Service Commission (JSC), “The President went against the constitution and his act has caused a lot of suffering to many Kenyans including me, you and suspects whose cases are taking long to be heard and determined.”
His stand and views were echoed in Bungoma County, where he visited the Bungoma Law Courts. He further revealed that he had been trailed from Busia to Bungoma because of his stand on the guidelines issued by the Joseph Kinyua-led Council. He also affirmed that LSK will lead Kenyans to occupy Parliament on 12th October. His sentiments were echoed by Bungoma LSK chairman Brian Murunga who said they are in agreement with the president saying Kenyans need proper order in leadership.
By Leonard Acharry, Eric Lumbasi