Alarm over ruling lifting MRC ban

July 26, 2012 6:15 am
MPs say the ruling did not take public interest into account/FILE

, NAIROBI, Kenya, Jul 25 – Attorney-General Githu Muigai on Wednesday said he will appeal against a High Court ruling lifting a ban on the Mombasa Republican Council.

In a statement sent to newsrooms, Senior Deputy Solicitor-General Muthoni Kimani explained that any group challenging the constitutional and territorial authority of the government cannot be protected by the constitution.

“Any group or organization challenging the constitutional authority and territorial integrity of the Republic of Kenya cannot enjoy protection by the Constitution.”

The AG said the decision of the court in revoking the order imposed by the Internal Security Minister in 2010 had failed to consider the legitimate constitutional concerns of the government.

Meanwhile, the National Security Committee is expected to meet on Thursday to address the security implications following the court ruling on the MRC.

The statement announcing the meeting said: “The government reassures Kenyans of their security and that of their property countrywide. I applaud the appeal by the AG. The rule of law will continue to be enforced without fear or favour.”

The developments came as six MPs castigated the High Court for lifting the ban on the MRC saying that the move will lead to anarchy in the country.

Addressing a news conference at Parliament Buildings, Naivasha MP John Mututho said it set a dangerous precedent as it was tantamount to legalizing the activities of 33 other groups which the government had outlawed.

MPs Benson Mbai (Masinga), Victor Munyaka (Machakos) and Ntoitha Mithiaru (North Igembe) said the court decision did not take into account the greater interest of the public.

Mbai stated: “You don’t have to be a judge to know this country needs to be one and remain united, therefore you can’t make judgments that will fragment us.”

“I cannot understand how a group that goes to the streets and starts shouting that Pwani si Kenya! (The Coast is not part of Kenya)… and now the courts go on to say that group is legal. That is encouraging anarchy,” stated Mithiaru.

However, Migori MP John Pesa called on the government to use the opportunity and begin dialogue with the coast based secessionist group.

Kazungu said that the ruling had failed to factor the public interest saying he has been a victim of the proscribed group which killed his relative.

“This judgment… how many people is it going to benefit? Are we putting this country at risk because of an individual? The security of this country is far more important than an individual than a group than a gang,” said the Medical Services Assistant Minister.


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