NSS Act gives blue house power to arrest without warrant

The just amended national security service Act, 2014 which was handed over to the ministry of justice this morning still gives the blue house the power to arrest anyone without arrest warrant.

An arrest warrant is a document issued by a judge or magistrate that authorizes the police to take someone accused of a crime into custody.

The N.C.A.C first handed over the national security act to the minister of Justice and constitutional affairs two months ago.

It was meant to ensure national security officers are held accountable for their act, ensure that people arrested are not kept in custody without proper communication.

The act was also meant to set a complaints board made of independent body.

It was not indicated that the national security would arrest anybody without arrest warrant.

But later, the draft was sent back to the committee for amendment.

Gichira Kibara is the chairperson of the national amendment committee or NCAC.

He says, the committee failed to agree either to eliminate or leave the provision in the national security service act which mandates members of national security to arrest without warrant.

He was speaking during the handing over this morning to the Minister of Justice and constitutional Affairs.

“We have had a very fruitful discussion at the committee and developed consensus on all the issues that we need to incorporate with exception with the issue of arrest with warrant where the committee was not able to agree whether to delete or retain the provision and we have indicated that in the explanation note.” 

For his part, the Minister of Justice and constitutional affairs Paulino Wanawila said his role was to deliver the bills to the council of ministers.

“I am going to do the same with this two bills as I have done with others before.”

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