even how the impugned provisions are arbitrary. He thus implored this Court
to dismiss the petition with costs notwithstanding the provision of Rule 18(1)
which provides that the award of costs shall be in the discretion of the Court
because the petitioner has not by any iota of evidence demonstrated that he
ought to be exempted from costs in pursuit of the present petition.
In rejoinder, the petitioner's counsel submitted that, the impugned
provisions do not meet the imposed conditions, hence, unjustifiable in
purview of what the Court of Appeal held in the cited case of Rev.
Christopher Mtikila v. Attorney General (supra) that, it is the
fundamental rights which are fundamental and not the restrictions.
Counsel further referred us to the decision in A & Others v.
Secretary of State for the Home Department [2004] UKHL 56 where
Lord Hoffman underscored at page 97 that the real threat to life of the nation
in the sense of people living in accordance with its traditional laws and
political values comes not from terrorism but from laws. They further
rejoined at page 4 and argued that, POTA makes the Muslim community
"feel targeted" for it targets Muslims, devout Muslims, Muslim clerics, sheikhs
and Muslim leaders. They added at page 9 that, the Courts have not been
helpful to suspects charged under POTA. To that effect, they cited the
decision of the Court of Appeal in the case of Republic vs Farid Hadi
Ahmed and 21 others, Criminal Appeal No. 59 of 2015, CAT, unreported.
The petitioner's counsel maintained that the impugned provisions
suppress fundamental rights safeguarded under the Constitution by
targeting unintended actions, acts, conducts and people to the detriment of
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