The Law Society of Kenya (LSK) tabled a petition to move to court seeking suspension of the curfew recently introduced and also seek an order compelling Health Cabinet Secretary Mutahi Kagwe to provide more details on the country’s preparedness in tackling coronavirus.
LSK wants an alternative order directing the Ministry of Interior to extend the time of the start of the curfew from 7.00 pm to 10 pm.
LSK wants the court to compel Interior cabinet secretary Fred Matiangi to put and publish guidelines on the conduct of police officers enforcing the curfew in the media.
Lawyers Wakesho Kililo and Omwanza Ombati from LSK are seeking orders prohibiting police from using force in enforcing the curfew and that Inspector General of Police Hillary Mutyambai be held personally liable should officers use force.
LSK also wants the court to direct Mr. Mutyambai to stop interfering with media coverage of curfew enforcement, and for the justice system and legal representation to be added to the list of essential service providers.
The society further believes that the curfew is not only unconstitutional but also illegal, illegitimate and disproportionate because it is blanket and indefinite and goes beyond the Public Order Act.
“The curfew poses a great and imminent danger to the general health and safety of Kenyans particularly the poor and vulnerable members of the society as it is disproportionate and draconian in a free and democratic society,” LSK says.
The petition will be heard on Thursday by Justice Weldon Korir.
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