Kenya: Draft anti-terrorism legislation may undermine Kenyan constitution and international law

AMNESTY INTERNATIONAL-PRESS RELEASE
AI Index: AFR 32/004/2004
9 September 2004

Amnesty International is seriously concerned that Kenya's Suppression of
Terrorism Bill 2003 contains measures that violate Kenyan law, human
rights treaties to which Kenya is a party, and may result in human rights
violations.

The Kenyan government is presently gathering suggestions and comments on
the Suppression of Terrorism Bill 2003 following widely expressed concerns
and strong criticism that it contained measures that would impact
negatively on human rights. The Bill, which was initially published last
year, has now been shelved, pending presentation of a revised version to
Parliament.

"The proposed legislation, in its present form, would suspend certain
safeguards that protect the rights of those prosecuted or detained under
it, and therefore violate fundamental rights protected under the Kenyan
Constitution, and under international human rights standards," Amnesty
International said in a memorandum to the Kenyan government.

The organization is particularly concerned about the following:

* the vague and broad definition of "terrorism" and "terrorist" act or
action;
* extensive powers given to the police and customs officers to stop search
and seize, detain and arrest;
* incommunicado detention and the denial of the right to legal
representation during interrogation;
* making detention the rule and bail the exception, thus impacting on the
right to personal liberty;
* immunity of state officials from prosecution or civil suits under the
Bill;
* curtailing of the freedoms of association and expression;
* the vague definition of the crime of incitement to commit a "terrorist"
act wholly or partly outside Kenya;
* lack of safeguards and due process in decisions to extradite.

In its memorandum Amnesty International asserts that the Bill could
encourage the creation of a two-tier justice system, providing the legal
framework for arbitrary arrests, illegal detention and searches and a
flawed judicial process. "The creation of a distinct system of arrest,
detention and prosecution relating to 'terrorism' may violate the right of
the people to equal justice before the courts," the organization said.

"The Kenyan government should ensure that any new draft legislation
addressing 'terrorism' or 'acts of terrorism' is consistent with Kenya's
international human rights obligations," Amnesty International said.