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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