Wednesday, August 5, 2015

Cord heads to court over NYS 'militarisation'


Brigade: Raila Odinga flanked by Luo leaders in a press conference at the Fairview Hotel, Nairobi, on June 22
Brigade: Raila Odinga flanked by Luo leaders in a press conference at the Fairview Hotel, Nairobi, on June 22
August 5, 2015
FELIX OLICK

      
CORD is gearing up for another legal showdown with President Uhuru Kenyatta, this time over the alleged unconstitutionality of at least three proposed laws churned out by the Jubilee-dominated Parliament.
The Star has established the Cord team is set to move to court to challenge the constitutionality of both the National Youth Service Act and the Retirement Benefits Act.
Cord's legal team is also preparing to challenge the Public Audit Bill and the newly proposed amendments to the Kenya Defence Forces Act, if their “draconian” sections are not expunged.
“The suit papers are ready and our lawyers will move to court as soon as next week,” one of Raila's key strategists told the Star.
The move rekindles memories of the titanic legal duel late last year after Cord adamantly opposed sections of the Security Act that gave sweeping powers to the President, the police and the national spy agency.
The government appeal is pending after the High Court handed Cord sweet victory by suspending eight contentious clauses.
Critical to the Cord brigade is the quashing of Section 17 of the NYS Act that allows servicemen to serve alongside the military during emergencies.
“This provision can easily be exploited by Jubilee to cause mayhem and rig the 2017 polls,” the opposition strategist said.
“The President may, during a state of war, insurrection, hostilities or public emergency, order that the Service or any part thereof be employed to serve with the Kenya Military Forces, or otherwise in the defence of the nation, whether within or without Kenya,” the NYS Act says.
However, Cord argues that NYS is not listed in the constitution among the security organs.
Article 239 of the constitution lists KDF, the National Intelligence Service and the National Police Service as Kenya's only national security organs.
Cord has protested that a similar “offending” section is being sneaked into the proposed amendment to the KDF Act that has caused an uproar in the opposition and civil society.
The Cord think tanks also point out that Kenyatta's move rejection of the Retirement Benefits Bill and sending it back to Parliament with memoranda was unconstitutional.
“When the President changes even the amount that should be given to retiring State officers, then he is effectively doing legislation. That is an abuse of executive power because he is doing the work of Parliament,” a Cord official said.
In May, President Kenyatta declined to sign the Retirement Benefits Act, dashing the hopes of Raila and his Cord co-principal Kalonzo Musyoka of pocketing lucrative retirement benefits as former Prime Minister and former Vice President respectively.
Kenyatta said that the two must hang up their boots in active politics to benefit - a condition that the opposition chieftains dismissed.
The opposition is also unhappy with the Public Audit Bill that would prevent the Auditor General from scrutinising confidential security expenditure.
The KDF Act, published only last week, envisages the establishment of a reserve force comprising the Kenya Wildlife Service, Kenya Forest Service and NYS to serve alongside KDF.
- See more at: http://www.the-star.co.ke/news/cord-heads-court-over-nys-militarisation#sthash.CjVIfuQc.dpuf

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