THE SECURITY LAWS AMENDMENT BILL 2014

Our country Kenya has in the recent past faced extreme challenges with regard to our homeland
security and Kenyans have demanded action from their elected leaders. As a result, the President
promised radical changes, which started with the retiring of the Inspector General of Police and the
Nomination of Rtd. Major John Nkaissare as the cabinet secretary Interior and National Coordination. He
further set up a technical team to advice him on amendments to the legal framework that would assist
effect these change. This has led to the introduction of the Security Laws (Amendment) Bill 2014 that
affects a total of 21 Acts of Parliament, and makes many radical suggestions.
As I have highlighted in various forums before, the solution to fixing a security apparatus that has been
neglected and politicized for over 50 years will take more than knee-jerk partisan reactions. The
systemic structural failures will only be fixed through long-term, well thought out and bipartisan
measures that carries along everyone, rather than divide us further. We are only as safe as we are
united in approaching these long-term solutions.
These long-term solutions will require that we have the right people in the job; that we reengineer the
structure and governance of the security apparatus; that we invest in making our men and women in
uniform fit for purpose, that we amend our laws to be able to deal with new crimes swifter and tougher.
It is for this reason that we must give a critical look at the suggested amendments most of which have
far reaching consequences.
Let me start by lauding some really impressive and timely proposals that are in the bill. Standing out,
include the establishment of:

A Counter Terrorism Centre with a defined mandate and structure, I believe this will go a long
way in realizing a coordinated fight on terrorism.
The Establishment of a Firearm Licensing Board is equally a great move as we seek to reduce the
number of firearms illegally possessed.
The Amendments also suggest extensive changes that will secure our airspace and other key
installations.

I am shocked, on the other hand, by amendments that will erode a lot of gains we have made as a
country especially those touching on fundamental human rights.
While I stand by the President as he labors to protect us BY ALL MEANS NECESSARY, and while I
understand that we are at war with an invisible enemy, and that we must all unite and ensure we win as
a country, it is important that we remind ourselves that as a nation we went through a pain, sweat and
blood for over 20 years to realize a new constitution. This constitution is the only thing that the enemy
cannot take away from us. Lets us not destroy it ourselves!
The provision seeking to give blanket power to the NIS to intercept communication without a court
order, provisions that seek to erode the benefits of free association and those that infringe on the right
to freedom of expression needs to be re-looked into.

Finally it is undesirable to try and leverage on the tyranny of numbers to pass through this amendments.
Security CANNOT and MUST NOT be a partisan issue, and the fights and bitter exchanges that were
experienced today in parliament are regrettable, and are the first show that we are headed for failure in
this fight.
The leadership in Parliament must adopt a bipartisan approach, that is inclusive and ensure an outcome
that will be accepted by all Kenyans irrespective of their political or religious affiliations.
THE SECURITY LAWS (AMENDMENT) BILL 2014 should not be adopted in its current form!
But we cannot also throw away the baby with the bath water; it will be a gross abrogation of our
responsibility towards protecting the people of Kenya.
Of all things, a bleeding country must be able to unite us. Those bestowed with the honor of leading
cannot afford to be blinded with pride and to forget that Kenya is insecure, and that the journey to bring
security has to involve everyone.
I continue to believe in my country, the leadership and in our ability to be Kenyan in this battle.

Ronald Osumba
#Onward