The Law Society of Kenya has filed a a case against the Inspector General of Police Hilary Mutyambai and National Police Service Commission (NPSC), Interior Cabinet Secretary Fred Matiang’i, Attorney General, Chief Justice and Health CS Mutahi Kagwe.
The petition is to suspend the national curfew or have its starting time extended to 10 pm.
In the petition signed by CEO Mercy Wambua , LSK wants the curfew declared illegal on account that it flouts the Public Order Act.
“The petitioner (LSK), exercising its statutory duty to protect and assist the public, challenges the curfew order as unconstitutional because it is blanket and indefinite, and because it is ultra vires (contravenes) the Public Order Act,” the petition stated in parts.
The lawyers argue that the curfew will downside the probable gains made in fighting coronavirus, judging from the way the law enforcers have handled the members of the public, especially over the weekend.
“The aforementioned curfew poses a great and imminent danger to general health and safety of thousands of Kenyans, particularly the poor and vulnerable members of the society because it is disproportionate and draconian,” the statement further read.
“The police recklessly horded large crowds on the ground, contrary to WHO advice on social distancing. Moreover, the first respondent (police) stopped the media from monitoring their movement and assaulted journalists covering the process.”
Kenya National Commission of Human Rights, FIDA- Kenya and Independent Police Oversight Authority (IPOA) have all been tagged as interested parties in the suit, filed with Omwanza Ombati and Wakesho Kilio Advocates dated 30th March 2020.
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