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CORD: EACC being used to intimidate opposition MPs

20 December 2014, 09:56 Nechesa Chemoi

Nairobi - The Coalition for Reforms and Democracy (CORD) has claimed that the government is using the Ethics and Anti-Corruption Commission following the chaos witnessed in Parliament on Thursday.

The EACC Friday announced that MPs who caused chaos in Parliament during the heated debate on the controversial Security Bill 2014 risk losing their seats.

“We are aware that the Jubilee regime has instructed the EACC to harass and intimidate opposition MPs for resisting this blatant violation of the Constitution,” CORD said in a statement.

“Needless to say that this is the same EACC that is dumb and mute on the scandal surrounding the IEBC and the 2013 general elections. It has also been completely toothless in the face of rampant corruption in the Jubilee regime, which in fact is at the heart of the wave of insecurity across the country,” the statement added.

Below is the full statement by CORD



Ladies and Gentlemen;A monumental battle took place in our National Assembly yesterday. That battle saw the unconstitutional and procedural passage of the Security Laws (amendment) Bill which has now been assented to by the President.

We assure the people of Kenya that although the President has assented to this ‘law’, we tell the President the battle is not over yet.

The President’s assent is just the beginning of another phase of the struggle to liberate Kenya.Our position was, and our position remains that what was purportedly passed in Parliament yesterday is a bad ‘law’.

The real target of this ‘law’ is not terrorism. Its aim is to reintroduce the police state and political hegemony for the enjoyment of the remnants of Kanu who are keen to reintroduce what Kenyans fought so hard to defeat.We also reiterate our solemn assertion that Parliament as a law making body should set standards for compliance with the Constitution and with its own Rules.

The Speaker ignored the law and proceeded with the passing of the draconian bill. It is our considered opinion that the enactment of law is a process, and if any of the stages therein is flawed, that vitiates the entire process and the resultant law is a nullity.

Indeed we are reminded of the long held tradition that Constitutional Provisions on fundamental rights are permanent for all time. Therefore, while enacting legislation intended to limit any of the rights, the legislature must be dynamic, progressive, liberal and in sync with the popular will.

As the Opposition, we will explore all constitutional options to defeat the effect of this ‘law’. We have done it before. We are confident that we will do it again.

We have no illusions about what it will take. Even before the Bill purportedly became ‘law’, the security forces were out yesterday in full force beating up citizens and elected leaders who were acting within the law, in the interest of the nation.

Communication was jammed denying the media transmission signals in violation of the Constitution while live broadcast was terminated.

We are further aware that the Jubilee regime has instructed the EACC to harass and intimidate opposition MPs for resist this blatant violation of the Constitution.

Needless to say that this is the same EACC that is dumb and mute on the scandal surrounding the IEBC and the 2013 general elections. It has also been completely toothless in the face of rampant corruption in the Jubilee regime, which in fact is at the heart of the wave of insecurity across the country.

We believe this ‘law’ has not been brought in good faith. The haste, the gusto and the last minute dash in which this has been brought makes it highly suspicious. We are counting on all Kenyans to join us and to stand up for what is right.What took place in Parliament yesterday and at State House earlier today is at best understood in a historical context.

It is reminiscent of the Kanu era draconian laws such as section 2A of the former Constitution, the Public Order Act, the Chief’s Act, Sedition laws and detention powers that were customised to emasculate rights and freedoms of the citizenry.These totalitarian laws enforced unquestioning political obedience, inhibited freedom of expression and media, limited association and assembly, and crushed dissent.

Yesterday a rubber stamping National Assembly effectively revived, condensed and re-enacted all these barbaric laws into single diabolic law; the Security Laws (Amendment) ‘Act’ 2014.The ‘law’ in its present form will hand the President sweeping autocratic powers to silence dissent and monopolize the political landscape.

The Constitution will exist only on paper. The President will restrict and/or disperse the opposition ranks, censor media, vanquish civil society and intimidate international community.

There will be stage-managed 'democratic elections'. They will next target Devolution and the Constitution itself.In short, the Security Laws (Amendment) ‘Act’ 2014 has created a militarized police state with unchecked and imperial presidential fiat.

We have seen efforts by the State to brand all those questioning this ‘law’ as unpatriotic and terrorism sympathizers.

On the contrary, we hold the position that to be patriotic requires of the citizens to question the evil actions and intentions of the State particularly in the derogation of the Constitution.Accordingly, the CORD Coalition has resolved to pursue a two pronged strategy;

1. To appeal to the Court of Public Opinion

2. To seek judicial intervention.

As Kenyans, we must remain steadfast, defend our Constitution and pray for our nation.

Let us not despair. We shall overcome. God bless Kenya.DECEMBER 19, 2014.

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