offence; two, the whereabouts of the person suspected by the Police Officer
to have committed a terrorism offence; three, existence of a property
connected to the commission of a terrorism offence; and four, there is
certification by the foreign state (if involved) regarding suspect's intercepted
and retained communication or attached, forfeited /restrained property.
In view of the foregoing discussions and after paying due regard to
the guiding principles outlined above, we are inclined to agree with Mr
Nyakiha that, the impugned provisions are in conformity with articles
13(6)(a) and 24(1) & (2) of the Constitution in relation to one's right to
property and protection of property as well as the right to fair hearing.
Regarding sections 35 and 54 of POTA, which are alleged to
contravene the rights to-equality before the law, presumption of innocence
and fair trial entrenched and protected by article 13(1) &(6)(a) &(b) of the
Constitution, we did not as well find substance from the petitioner on how
the aforesaid constitutional rights are restrained/limited by the impugned
provisions. To our dismay, the petitioner's counsel just generally argued that,
what is in the Statute does not conform the practice adding that, POTA has
no checking safeguards when its enforcement is abused. He did not address
the facilitation the provisions carter to the admissibility of evidence in
criminal proceedings involving offence/s of terrorism or International
terrorism and the attendant safeguards attached therein.
On our part, we paid keen attention to the catch words- "..... a
certificate purporting to be signed by an appropriate authority.... shall be
admissible in evidence.... and shall, in the absence of evidence to the
Page 33 of 37
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات