93rd issue new dawn 1

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  • 1. Ali Hussein-The TV show kick ardent radiostarted my listener from law careerThika -P5-P7Vol. 08 Issue N0: 7 September 1 - September 15, 2012. (Shawwal 14, 1433 A.H)www.thenewdawn.info Give public moretime to scrutinizeanti-terrorism billBy Hassan Ole NaadoThe Prevention of TerrorismBill, 2012 is at an advancedstage in the parliamentaryprocess that is expected toenact it into law.By the first week of September,the Bill had already gone throughthe First Reading in the NationalAssembly, and had been presented to theparliamentary departmental committeeon administration and national securityfor scrutiny before taking it to the nextlevel in the legislative process.While in the hands of the committee,the Bill was required to undergo a veryimportant process public access andparticipation pursuant to Article 118 ofAl Amin Kimathi and Hassan Omar consulting during a recent forum to discuss the anti-terror bill in Nairobi,the constitution. right is Farouq Machanja. The forum was organised by MUHURI.Article 118 enjoins Parliament to days to prepare memoranda and submitconduct its business in an open and them to the committee. HIGHLIGHTS IN THE PREVENTION OF TERRORISM BILL, 2012transparent manner by holding its sittings Whereas it is important forAnyone convicted of Mobile phone companiesand those of its committees in public Parliament to dispatch its legislativeterrorism will be sent to jailand banks will be requiredand facilitating public participation and agenda with speed, it is easy for one tofor life. to work closely withinvolvement in legislative matters. notice that the time allocated for public government agencies toIn this regard, an August 31 pressparticipation, especially in view of theThose suspected of beinghelp in interception ofnotification issued by the National Prevention of Terrorism Bill, was too terrorists will have theircommunication and trackingAssembly called upon interested groupslittle for any group or individual to haveproperties seized.of transactions in the accountsand the general public to present their prepared meaningful memoranda on this of terror suspects.views on the anti terrorism bill by the end sensitive proposed legislation. Those who shelter terror suspects, provide training premises, fund-of business on September 4, 2012 raise and recruit youths into terror groups will be jailed for up tomeaning that the public had only fourContinued on Pg 230 years.

2. 2 / National News The New DawnSeptember 1 - September 15, 2012. Good tidings as Gulf African Bank numbers show growthBy Iddi Musyemiin the first quarter to close at Sh124CSR project from the list provided by We are very pleased with our M compared to Sh95.3 M for the full bank staff that the bank should support results for the first half of 2012 which financial year of 2011; 37.0 % increase from the proceeds of the campaign.continues to affirm that our three yearGulf African Bank (GAB), Kenyas in financing arrangements to customersDuring the grand draw the CSR Forward Together strategy is gatheringpremier Shariah compliant bank hasfrom Sh6.2 B as at 30th June 2011 toproject with the highest number ofmomentum. Our renewed customerannounced its unaudited results for theclose at Sh8.54 B as at 30th June 2012; nominations will be supported by thefocus has already begun to providehalf year ending June 30, 2012 showing 20.7% growth in customer deposits tobank. The bank is also giving ipads results in the very short term. Wea remarkable 452% growth in income close at Sh11.1 B as at 30th June 2012& cash prizes to monthly mini draware working to ensure that the trendbefore tax compared to the same period from Sh6.2 B as at 30th June 2011.winners. The grand prize is a trip forcontinues in the months ahead, sayslast year. Building on its track record as two to Hajj to perform their religiousAsad Ahmed, Director & CEO of GulfAccording to a press release dated the industry leader, the Bank recentlyobligations or cash equivalent for a non- African Bank.August 23, notable highlights compared launched a unique deposit mobilizationMuslim. GAB is a pioneering Islamic Bank into 2011include profit before tax ofcampaign Inua Akiba, Inua Jamii. This With 14 branches in a span of fourthe entire East African region offeringSh195 M for the first six months ofcampaign is skewed towards Corporateyears of operation, the GAB continues products that address the needs of2012 compared to Sh155 M for the fullSocial Responsibility (CSR ) hence Inua to focus on its expansion strategynot just Muslims but everyone in thefinancial year of 2011; growth of netAkiba Inua Jamii. Requesting customersthroughout Kenya with the opening ofcountry through fair, safe and ethicalincome after tax by annualized 161%both existing and new to nominate a two new branches by end of 2012.practices. Public should be given time to scrutinize anti-terrorism billContinued from Pg 1worry about the anti-terrorism bill. But a careful analysis of some provisions of this bill should send all Kenyans,There is no doubt that makersMuslim or non-Muslim, jumping outof our constitution framed Article of their skins.118 to allow public participation in For example, Part IV of theorder to ensure that laws made by ourproposed legislation which deals withlegislators also reflect the wishes of the investigation of offences appearspeople who are governed by those laws. to give a police officer of any rankIn essence, makers of the constitution unfettered discretion to arrest andintended to ensure that the law serves detain any person the officer inthe people and not the people servingquestion believes to have committedthe law. or is committing an offence under theIn this regard, the question thatAct.arises in view of the anti terrorism Whereas the bill speaks ofbill is what will be the fate of areasonable grounds as the basislaw that did not get adequate public upon which a police officer can arrestparticipation? and detain a person believed to haveThe answer is simple and committed is committing an offencestraight the law will be viewed withunder the Act, the proposed law is verysuspicion and, to the extreme, receive vague on what constitutes reasonablestiff resistance from a skeptical public.grounds. Such a provision can beIf this could be the fate of the misused by security agents to harassanti-terrorism bill, does it justify a anyoneMuslim or non-Muslim.review of the time allocated for publicIn fact, it can be misused to settle Acting Internal Security Minister Yusuf Haji (center) confers with a fellowparticipation? The answer is; yes. scores in political competition the way worshipper during Idd prayers. Haji tabled the anti-terrorism bill inIndeed, terrorism is a very complexparliament. anti-terrorism provisions have beenand emotional issue and that is whyused against opposition politicians inprevious attempts to introduce a law the bill was also introduced at a timeof the constitutional safeguards that Uganda and Rwanda.to fight terrorism in Kenya have alwayswhen the environment was poisoned Muslims had hoped to use to ensureThese are, therefore, the kind ofgenerated controversy. with emotions resulting from the warthey have their say in the proposed issues on which the public should beIn the first year of the Kibakithe United States government hadlegislation and that no constitutionallygiven sufficient time to have discussionsadministration, the Suppression of launched against global terrorismguaranteed rights are violated. around and present meaningful viewsTerrorism Bill 2003 generated a lot of characterized by the invasion of Iraq However, given the little time provided on, such that when the bill is finallycontroversy leading to its suspensionand Afghanistan.for public participation, there is causeenacted into law, the people are inand eventual discarding. Muslims It was, therefore, prudent to to worry that some mischief may beagreement on what it means to fightwere the ones who, particularly, voicedsuspend the anti-terrorism bill thenallowed to skulk through the net of terrorism.opposition to the Bill because itwith a promise to re-introduce it at alegislative vigilance in the name ofIn this regard, the parliamentarycontained provisions, which if passed, time of sobriety. speeding up the legislative agenda. committee dealing with this Bill maywould have encouraged wholesaleThis year, when the country has a Besides, the tensions that stillhave to consider extending the timecondemnation of communities, new constitution, seemed to be the best prevail in the coastal town ofwithin which interested parties canorganizations and families as terrorists.time to re-introduce the anti-terrorism Mombasa and its environs have submit their views on how best to fightIt is also important to note thatbill because the new supreme lawdestructed very many interested parties terrorism.Muslims opposed the anti-terrorism takes care of the fears Muslims havewho would have liked to present their And who knows, some peoplebill in 2003 because they felt theyalways expressed over attempts to enact views on this Bill. could have very good ideas that wouldwere the specific target of the punitive legislation to fight terrorism. There is also the misguided go a long way in dealing with thisprovisions contained there-in. Besides,Provisions of Article 118 are somethinking that only Muslims should menace in a more effective manner. 3. The New DawnSeptember 1 - September 15, 2012./3COUNTY BRIEFSYou can do more, Imams and madrassa teachers toldBy Mbarak Abucheri day problems, a role which the communities leaders in the community and participateto come out and seek leadership positions expected from them as leaders. in programmes which will contribute tocreated by the new constitution for the He urged the spiritual leaders to actively the development of your areas said Sheikhminority groups.KAKAMEGA: Imams and madrassa participate in the welfare of orphans andChemaswet noting that good relations