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Kenya High Court suspends terror law provisions, citing protection of rights

"We cannot limit the freedoms and inalienable rights in the pretext of fighting terrorism," the High Court's Justice George Odunga said Friday.

By JC Finley
Kenyan President Uhuru Kenyatta, pictured in September, has been under pressure to enhance Kenya's security following a series of deadly terror attacks launched by al-Shabaab, including an assault on the Westgate Mall in Nairobi in 2013. Photo by Cia Pak/UN/UPI
Kenyan President Uhuru Kenyatta, pictured in September, has been under pressure to enhance Kenya's security following a series of deadly terror attacks launched by al-Shabaab, including an assault on the Westgate Mall in Nairobi in 2013. Photo by Cia Pak/UN/UPI

NAIROBI, Kenya, Jan. 2 (UPI) -- Kenya's High Court has suspended eight clauses in the controversial new Security Law, citing concern that the legislation signed in December by President Uhuru Kenyatta limits citizens' rights.

"We cannot limit the freedoms and inalienable rights in the pretext of fighting terrorism," Justice George Odunga said Friday.

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The provisions will be temporarily suspended until Chief Justice Willy Mutunga is able to form a three-judge bench to review the legality of the legislation.

One of the temporarily suspended clauses included authorizing fines or a three-year maximum prison sentence for anyone "who publishes, broadcasts or causes to be published or distributed, through print, digital or electronic means, insulting, threatening, or inciting material or images of dead or injured persons which are likely to cause fear and alarm to the general public or disturb public peace."

Raila Odinga, an opposition leader with the Coalition for Reforms and Democracy that filed the suit against the Security Laws (Amendment) Act, applauded the ruling. "You cannot compromise security of Kenyans in the name of democracy. In protecting Kenyans, you must also protect their rights."

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Kenyatta has been under pressure to enhance security in Kenya following a series of deadly terror attacks launched by al-Shabaab, including an assault on the Westgate Mall in Nairobi in 2013.

The government filed a 30-day stay in response to the court's ruling.

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