Bomet lawyers poke holes in new Public Order Act, say it is ‘illegal’

Wednesday, October 14th, 2020 00:00 |
Law Society of Kenya Bomet branch chairman Kadet Kiprono. Photo/PD/File

Law Society of Kenya - Bomet Chapter has poked holes in the new Public Order Act.

The lawyers, who were speaking in Bomet during the launch of the legal awareness week, said they would not obey it because it is ‘illegal’

Legal minds observed that the role of the police was to provide security during public gatherings and not to authorise such meetings.

Led by chairperson Kadet Kiprono, the group accused the National Security Advisory Council (NSAC) of assuming powers, which they said were not theirs since the Constitution was clear on such provisions.

“We only notify the police whenever there is a public meeting so that they provide security.

But we cannot go to seek permission not anywhere in Kenya… The Public Order Act is not only unconstitutional, but illegal. We will never yield to it,” he said.

Kiprono further stated that the government should respect the Constitution, saying there were not short cuts in its implementation.

Clearly spelt

“Every arm of the government or institutions have its roles clearly spelt in the Constitution. So some individuals cannot sit and purport to make new laws,” he said.

The lawyers also threw their weight behind the dissolution of Parliament as advised by Chief justice David Maraga.

Milca Kirui, a member, said currently, the National Assembly is unconstitutional as it has gone against the provisions of the 2010 Constitution by failing to pass the two-thirds gender rule.

Cosmas Koech and Desmond Leteipa on the other hand said they were in full support of LSK President Nelson Havi’s push for dissolution of Parliament.

Koech said though the National Assembly had implemented a better part of the Constitution, it was until the two-thirds gender rule is observed in the House that they would stop their push for

constitutionalism in its formation.

At the same time, the legal team urged members of the public to attend the legal awareness week so as to be informed on various legal procedures which many were still in the dark.

Leteipa said they will be offering free counsel to residents on their constitutional rights.

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