Attorney General & another v Coalition for Reform and Democracy & 7 others (Civil Application 2 of 2015) [2015] KECA 994 (KLR) (23 January 2015) (Ruling)
- Court
- Court of Appeal
- Case number
- 994
- Citation
- [2015] KECA 994 (KLR)
- Decided
- 23 January 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for Stay of High Court OrderCoramD.K. MUSINGA, P.O. KIAGE, A.K. MURGOR
Holding
The Court declines to grant the orders sought by the applicant and dismisses the application.
Facts
The 1st and 2nd respondents filed two separate petitions challenging various sections of the Security Laws (Amendment) Act, 2014, which was enacted by Parliament and assented to by the President.
Issues
- Whether to grant a conservatory order suspending the operationalization of the SLAA pending the hearing and determination of the petitions.
- Whether the grant of the conservatory orders has caused a vacuum in the country's laws that would make it difficult to investigate and prosecute terror suspects.
Reasoning
The Court does not think that the grant of the conservatory orders has caused a vacuum in the country's laws, and the security agents and law enforcement organs can still make full use of the existing laws to keep the country and its people safe.
Outcome
Application dismissed
Authorities cited
Legislation (10)
- Security Laws (Amendment) Act, 2014
- Public Order Act
- Penal Code
- Criminal Procedure Code
- Registration of Persons Act
- Evidence Act
- Firearms Act
- Refugees Act
- National Intelligence Act
- Prevention of Terrorism Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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