Mr Nyakiha argued, terrorism is posed to tumble-down human rights,
democracy and rule of law against the established values embodied in the
Charter of the United Nations and other International instruments. That,
terrorism hampers human rights among other basic rights and acts in
jeopardy to States and Governments stability, peace and security to the
effect and extent of threatening social and economic development. Mr
Nyakiha added, destructive impact of terrorism has gained full attention of
the United Nations General Assembly, the UN Security Council and both the
former Commission on Human Rights and the new Human Rights Council.
He argued that POTA has close connection with other statutes such as
the Criminal Procedure Act, Cap.20 [R.E, 2002] (CPA), Extradition Act, Cap.
368 [R.E, 2002], the Proceeds of Crime Act, Cap. 256 [R.E, 2002], Anti
Money Laundering Act, Cap. 423 [R.E 2002], the National Security Act, Cap.
47 [R.E, 2002], Immigration Act, Cap. 54 [R.E, 2002] and the Evidence Act,
Cap. 6 [R.E, 2002] with POTA on the other hand taking an overriding effect
regarding terrorism matters. It was his stance that, section 11 of POTA does
not offend any article of the Constitution adding that, the alleged
infringement to article 16(1) & (2) of the Constitution on interference to
private communications cannot be said to exist if it does not prejudice right
to privacy. Mr. Nyakiha thus strongly submitted that the impugned sections
are in conformity to article 30(2)(a) of the Constitution that reads:
"It is hereby declared that the provisions contained in this part of this
Constitution which set out the principles of rights, freedom and duties
does not render unlawful any existing law or prohibit enactment of
any law or the doing of any lawful act in accordance with such law or
for the purposes of-(a) ensuring that the rights and freedoms of other
people or of the interests of the public are not prejudiced by the
wrongful exercise of the freedoms and rights of individuals".
Page 8 of 37
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