Thursday, July 26, 2012

Security chiefs discuss MRC court decision


Security chiefs discuss MRC court decision


Written By:KBC Reporters,    Posted: Thu, Jul 26, 2012
The High court in Mombasa lifted a gazette notice that declared the Mombasa Republican Council (MRC) illegal
National security organs are held up in crisis meeting to craft a way forward after the High Court lifted a ban on cessation group Mombasa Republic Council.
 Attorney General Githu Muigai has already indicated that he will be appealing the ruling that has stunned not only security agencies but the entire nation. 
The meeting was called by acting Head of Civil Service Francis Kimemia. In a statement to newsrooms Kimemia said the meeting seeks to address the grave implications following Wednesday's ruling on MRC.
The legalizing of the controversial cessation group MRC that was declared illegal alongside other 31 such groups via a gazette notice by Internal Security minister sent shock waves across the country.
The ruling was immediately greeted with criticism and concerns on the possible move by other such groups to seek recognition.
The national security committee has since convened an urgent meeting to counter the possible security concerns occasioned by the ruling even as the state law office through its chief Githu Muigai plans an appeal into the controversial ruling.
 MRC had threatened to not only boycott the forthcoming general elections in the region but also to interrupt the exercise.
It also plans to perpetrate attacks against those perceived to be new comers in the region in a bid to drive home their intention to claim autonomy for what they call negligence by the country's three successive administrations.        
On Wednesday, the High court in Mombasa lifted a gazette notice that declared the Mombasa Republican Council (MRC) as illegal but ruled out the group's agitation to secede.
The court gave stringent conditions for its existence saying the group must transform into a legal entity to champion its rights. 
A three judge bench led by Justice Francis Tuiyot advised members of the group to register the movement as a political party and use it as a platform to champion for the rights of coast region instead of agitating for secession.
The landmark ruling cited lack of evidence linking the MRC to the Revolutionary Republic Council (RRC) that was adversely mentioned in the Waki report that probed the post-election violence, saying that MRC was not a militia group and was not involved in violent crimes.
The ruling however did not go unchallenged outside the court with politicians citing the need for separation of powers between different arms of government.
Unconstitutional
Meanwhile, Justice Minister Eugene Wamalwa has criticized the lift on the ban on Mombasa Republican Council terming it unconstitutional.
Wamalwa says despite the law providing the right to assembly, a group whose known agenda is to violate such a right should not be tolerated.
Speaking this morning in Nairobi on Thursday, the Minister particularly took issue with secession demands by the group saying such remarks amount to the violation of the territorial integrity of the country.
He also said the agitations by MRC have grave implications on the national security of the country and political tension at the coast.
Wamalwa said the government will appeal against the ruling.

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