(supra), issues of bail and admission of evidence have ever since also
continued to be the domain of the CPA (supra) and Evidence Act (supra).
Now that the petitioner and his counsel did not substantiate their
general and hypothetical allegations against the impugned provisions or
address on the deficiency, if any, of several safeguards as provided for by
POTA catering for fundamental basic rights against public rights. Thus, we
find the allegations against section 11 of POTA devoid of merit.
We have further examined the allegations raised against sections 30(1)
and 31(1), (2), (3) & (4) of POTA which is argued to contravene
constitutional rights to-privacy, equality before the law and fair hearing as
provided for under articles 16(l)&(2),13(l),(6)(a) of the Constitution. It was
further argued that, section 30(1) of POTA sets ground for the interference
of private communications and it does not safeguard or prescribe specific
circumstances, manner and extent under which one's rights can be
encroached without prejudicing his right to privacy.
Concerning section 31(1), (2), (3) & (4) of POTA regarding right to fair
hearing under article 13(6)(a) of the Constitution, the petitioner's counsel
argued in his rejoinder submission that the POTA discriminates the Muslim
community. However, Mr Nyakiha refuted the allegations above for lack of
proof and stressed that, the powers of the Court to enforce the safeguards
provided under POTA renders the petitioner's allegations unfounded.
On our part, we are inclined to agree with Mr Nyakiha that the
petitioner's counsel did not account on how the enforcement of section 30(1)
of POTA derogates one's individual rights particularly on the alleged
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