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Ask a lawyer:
what are some of the controversial bills in Kenya?

Table of Contents

  1. Introduction

  2. Controversial Bills in Kenya 2.1. The Security Laws (Amendment) Bill, 2014 2.2. The Marriage Bill, 2014 2.3. The Media Council (Amendment) Bill, 2013 2.4. The Public Procurement and Asset Disposal Act, 2015 2.5. The Kenya Information and Communications (Amendment) Bill, 2015

  3. Conclusion

Introduction

This response will discuss some of the controversial bills in Kenya. The bills discussed are those that have generated significant public debate and have been the subject of legal challenges. The discussion will be based on the Kenyan Constitution and other relevant legislation.

Controversial Bills in Kenya

2.1. The Security Laws (Amendment) Bill, 2014

The Security Laws (Amendment) Bill, 2014, was passed by the Kenyan Parliament in December 2014. The bill amended several existing security laws, including the Penal Code, the National Security Act, and the Anti-Terrorism Act. The amendments were intended to enhance the government's ability to combat terrorism and other security threats. However, the bill was met with widespread criticism from human rights groups and civil society organizations, who argued that it would erode fundamental freedoms and rights, including the right to freedom of expression, assembly, and association.

Sources:

  • The Constitution of Kenya, 2010: Article 33 (Freedom of Expression), Article 37 (Freedom of Assembly and Association), Article 39 (Right to Security of Person), Article 40 (Right to Fair Administrative Action)

  • The Security Laws (Amendment) Bill, 2014: This bill amended several existing security laws, including the Penal Code, the National Security Act, and the Anti-Terrorism Act.

Key Controversial Provisions:

  • The bill expanded the definition of terrorism to include acts that "incite violence" or "promote hatred." This broad definition raised concerns that it could be used to stifle dissent and criminalize legitimate political activity.

  • The bill allowed for the detention of suspects without charge for up to 14 days. This provision was criticized for violating the right to a fair trial and the presumption of innocence.

  • The bill gave the government broad powers to monitor communications and internet traffic. This provision raised concerns about privacy and the potential for abuse.

Legal Challenges:

The Security Laws (Amendment) Bill, 2014, was challenged in court by several human rights groups and civil society organizations. The High Court ruled that some of the provisions of the bill were unconstitutional, including the provision allowing for the detention of suspects without charge for up to 14 days. The court also ruled that the government's powers to monitor communications and internet traffic were too broad and needed to be more narrowly defined.

2.2. The Marriage Bill, 2014

The Marriage Bill, 2014, was introduced in the Kenyan Parliament in 2014. The bill proposed to amend the Marriage Act, which governs marriage in Kenya. The proposed amendments included the recognition of same-sex marriage. The bill was met with strong opposition from religious groups and conservative politicians, who argued that it was against Kenyan values and traditions. The bill was eventually withdrawn from Parliament in 2015.

Sources:

  • The Constitution of Kenya, 2010: Article 45 (Right to Marriage), Article 41 (Right to Culture and Heritage)

  • The Marriage Act, Cap. 151, Laws of Kenya: This Act governs marriage in Kenya.

Key Controversial Provisions:

  • The bill proposed to recognize same-sex marriage. This provision was highly controversial and sparked widespread debate about the definition of marriage and the role of religion in society.

  • The bill proposed to allow for the registration of civil partnerships. This provision was also controversial, as it would have provided legal recognition to unmarried couples.

Legal Challenges:

The Marriage Bill, 2014, was not challenged in court. However, it was the subject of intense public debate and legal analysis. The bill was ultimately withdrawn from Parliament due to the strong opposition it faced.

2.3. The Media Council (Amendment) Bill, 2013

The Media Council (Amendment) Bill, 2013, was passed by the Kenyan Parliament in 2013. The bill amended the Media Council Act, which regulates the media in Kenya. The amendments were intended to strengthen the Media Council and enhance its ability to regulate the media. However, the bill was criticized by some media organizations, who argued that it would stifle press freedom and give the government too much control over the media.

Sources:

  • The Constitution of Kenya, 2010: Article 34 (Freedom of the Media)

  • The Media Council Act, Cap. 222, Laws of Kenya: This Act regulates the media in Kenya.

Key Controversial Provisions:

  • The bill gave the Media Council the power to impose fines on media outlets that violate the code of conduct. This provision was criticized for being too broad and for giving the Media Council too much power.

  • The bill required media outlets to register with the Media Council. This provision was criticized for being a form of censorship and for hindering the growth of independent media.

Legal Challenges:

The Media Council (Amendment) Bill, 2013, was challenged in court by several media organizations. The High Court ruled that some of the provisions of the bill were unconstitutional, including the provision giving the Media Council the power to impose fines on media outlets that violate the code of conduct. The court also ruled that the requirement for media outlets to register with the Media Council was too broad and needed to be more narrowly defined.

2.4. The Public Procurement and Asset Disposal Act, 2015

The Public Procurement and Asset Disposal Act, 2015, was passed by the Kenyan Parliament in 2015. The Act replaced the Public Procurement and Disposal Act, 2005. The new Act was intended to improve transparency and accountability in public procurement. However, the Act was criticized by some businesses, who argued that it was too complex and bureaucratic.

Sources:

  • The Constitution of Kenya, 2010: Article 227 (Public Procurement)

  • The Public Procurement and Asset Disposal Act, 2015: This Act governs public procurement in Kenya.

Key Controversial Provisions:

  • The Act introduced a new procurement threshold for small businesses. This provision was criticized for being too high and for making it difficult for small businesses to participate in public procurement.

  • The Act required all public procurement to be conducted electronically. This provision was criticized for being too complex and for creating a barrier to entry for small businesses.

Legal Challenges:

The Public Procurement and Asset Disposal Act, 2015, has been challenged in court by several businesses. The High Court has ruled that some of the provisions of the Act are unconstitutional, including the provision requiring all public procurement to be conducted electronically.

2.5. The Kenya Information and Communications (Amendment) Bill, 2015

The Kenya Information and Communications (Amendment) Bill, 2015, was passed by the Kenyan Parliament in 2015. The bill amended the Kenya Information and Communications Act, 1998. The amendments were intended to enhance the government's ability to regulate the internet and social media. However, the bill was criticized by human rights groups and civil society organizations, who argued that it would stifle freedom of expression and online privacy.

Sources:

  • The Constitution of Kenya, 2010: Article 33 (Freedom of Expression), Article 31 (Right to Privacy)

  • The Kenya Information and Communications Act, 1998: This Act regulates the information and communications sector in Kenya.

Key Controversial Provisions:

  • The bill gave the government the power to shut down websites and social media platforms. This provision was criticized for being too broad and for giving the government too much power to censor online content.

  • The bill required social media platforms to register with the government. This provision was criticized for being a form of censorship and for hindering the growth of online platforms.

Legal Challenges:

The Kenya Information and Communications (Amendment) Bill, 2015, was challenged in court by several human rights groups and civil society organizations. The High Court ruled that some of the provisions of the bill were unconstitutional, including the provision giving the government the power to shut down websites and social media platforms. The court also ruled that the requirement for social media platforms to register with the government was too broad and needed to be more narrowly defined.

Conclusion

The bills discussed above are just a few examples of the controversial legislation that has been passed in Kenya in recent years. These bills have generated significant public debate and have been the subject of legal challenges. The debate over these bills highlights the ongoing tension between the government's desire to maintain security and order and the need to protect fundamental freedoms and rights. The Kenyan courts have played a crucial role in ensuring that the government's actions are consistent with the Constitution and the rule of law.

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