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Kenyan court partially suspends new anti-terrorism laws

January 2, 2015

After only two weeks in effect, Kenya's High Court has shelved parts of controversial terrorism laws. The government argues that the measures are necessary for national security.

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Nairobi Kenia Abgeordnete Parlament Debatte Sicherheitsgesetz 18.12.2014
Image: Reuters/T. Mukoya

The High Court of Kenya suspended two-week old security laws on Friday, amid doubts over their constitutionality. When measures were signed into law by President Uhuru Kenyatta in December, the president claimed that they did not violate Kenya's bill of rights, but opposition groups contest that being allowed to hold suspects without charge for 360 days, instead of the former legal limit of 90, threatens liberties and free speech.

Another part of the law allows journalists to be held for up to three years if they "undermine investigations or security operations relating to terrorism." There are also measures to cap the number of refugees allowed in Kenya, and changes to the definition of supporting terrorism.

The government maintains that these laws are necessary to fight the growing threat of violence from Somalia's al Qaeda-linked al-Shabab.

Kenyatta had faced pressure to boost anti-terrorism legislation following 2013's deadly attack on a Nairobi shopping mall, carried out by al-Shabab, as well as a string of smaller attack in 2014. Before signing the laws, Kenyatta also replaced his interior minister and police chief earlier in December.

Judge George Odunga also criticized the way the legislation was passed when he handed down the ruling. Opposition lawmakers had hurled books at the Speaker of the National Assembly and threw water at his deputy.

Odunga suspended eight clauses of the laws, including the one threatening journalists, pending a proper hearing over whether they violate the constitution. The decision was cheered by members of the opposition coalition, which had filed the legal challenge. They then chanted "a people united shall never be defeated!" according to Reuters.

es/ksb (AFP, Reuters)