BY NT CORRESPONDENT.
Kituo cha sheria and thirty three parents of late students from Garissa University College University have moved to court seeking orders to compel the state to furnish them with the investigations report they hold I’ve the 2015 terror attack.
In their petition they are also asking high court to certify their petition urgent and place the file before Chief Justice David Maraga to appoint a bench to hear the petition since it raises substantial questions of the law.
They argue that there substantive legal issues touching on gross violation of human rights during a terrorist attack and remedies available in the circumstances.
“The petition raises novel questions bon whether there is an obligation on the part of the state to provide security in times of a terror attack and and issues raised are touching on terrorism , human human rights and national security which have not been considered in any other forum in the country”, said the petitioners.
They further said that the petition is predicted on the Independent Policing and Oversight Authority and Commission on Administrative Justice furnishing investigatory reports as the petitioners view the reports as key so their protection and exercise of theirs rights in the constitution.
They added there is a greater public interests in disclosure of the information in ensuring the petitioners obtain a remedy from the court and further promoting accountability by public bodies and servants.
Petitioners the national security of the country will not be prejudiced if the reports are made available in any case the courts can apply various measures to ensure protective disclosure is made to the court itself or to the advocates.
“The issue of national security do not fall beyond the jurisdiction of the court and the court ought to be furnished with such reports in exercise of its judicial authority as provided in our constitution”, added the petitioners.
