Tuesday, April 20, 2021

Enforcement without publication of regulation

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Enforcing emergency powers cannot be done by simply relying on declarations made by the president. These declarations must be followed by the publication of regulations indicating what should be enforced by the law enforcement agencies.

This is what enables civic educators, law enforcement agents and authorities at the constituency level to know what to explain to all those who may be affected. These days KMC sensitisation teams are seen moving about to sensitise residents in the areas. In some instances, one finds certain businesses operating while others are closed.

What is to be enforced or explained to the owners of these businesses is yet to be fully established by law. The regulations should be put in the hands of the law enforcement agencies, the KMC civic educators in particular and other educators in general, and other political representatives so that they will be able to enlighten the population on the dos and don’ts of the emergency powers regulations.

Without the publication of such regulations whatever is said would amount to arbitrary rule. The freedom of citizens will only be limited in a state of emergency by the letter of regulations published in the Gazette and any existing Act that is enforced.

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