BY SAM ALFAN.
Coalation of Reforms and Democracy (CORD) is seeking to be enjoined in a case filed by activist Okiya Omtatah challenging the decision by Communication Authority to spy on Kenyans.
In an affidavit by CORD Head of secretariat Noman Magaya, the political party argues that the intended actions by the respondents interfere, violates and infringes on the right to privacy contrary to the constitutional provisions Article 31 on Privacy.
“The timing of the interference will impact the elections and the candidate vying for different elective posts in the coming elections, ’Magaya argues.
The party further argues that the actions of the respondents if implemented owing to the timing has great implication on the campaigns leading to the August, 2017 election.
CORD further claims that the tapping of private conversation and data is intended to gaga key political players in the ran up to the elections which will have a negative impact on the exercise of the right to vote and voted for and to choose freely in terms of Article 38 of the constitution.
“The intended Interested Party Coalition for reforms and Democracy is a highly reputable Political Party whose intention in this matter is nothing but ensuring that free and fair elections are carried out and with the democratically elected representatives in office,” reads the application.
In the case the court stopped the government’s plan to tap into private phone conversations.
High Court Judge John Mativo granted the orders following an application filed by activist Okiya Omtatah.
Omtatah claims that the directive issued by the Communications Authority of Kenya (CA) will infringe on privacy and is a violation of the Constitution.
He further argues that CA’s arbitrary decision to spy on Kenyans through Broadband Communications Networks violates both the law and Constitution”.
Proceedings to resume on March 6 on March for further orders.
