NAIROBI, Kenya, Jan 29 – Two video clips showing the chaos that characterised passage of the controversial security laws in the National Assembly were played Thursday morning at the High Court as the case by the CORD coalition challenging the legislation continued during the second day of hearing.
This is after a five judge bench headed by Presiding Judge Isaac Lenaola ruled in favour of Kituo Cha Sheria to introduce the clips as evidence in support of the application despite spirited effort by the Solicitor General Njee Muturi who questioned the procedure in which it was acquired.
“As a court, we should not be tied down to procedural technicalities especially since the matter is of public interest. In this case, the objection is overruled and the fourth interested party has been allowed to submit the video as evidence,” Justice Lenaola stated.
According to Muturi, the video was not authenticated and as such, might have been altered or tampered with to lean towards the arguments of the opposing counsel.
“Who knows where the video was acquired from? How do we know that it was not altered, superimposed?” he posed. “We are not opposed to it being used but we are contesting the procedure that was used to acquire it.”
Kituo Cha Sheria petition indicated that the environment then was not conducive to the passage of any law and as such the process needs to be repeated again.
Through lawyer Vincent Lempaa, the organisation says that neither the speaker, his deputy nor the Sergeant at Arms could control the chaos in Parliament.
“Kenyans did not expect any law that is binding to them to be made in such a chaotic and shambolic atmosphere,” he stated.
Lempaa pointed out that a number of Standing Orders were violated during that particular session in Parliament.