High Court declines to suspend ongoing curfew

Milimani Law Courts

High court has declined to suspend the ongoing curfew order imposed to control the Corona Virus pandemic in the country.

The court, however, prohibited the use of excessive force by police during the curfew.

Justice Weldon Korir went ahead to order the Inspector General of police, Hillary Mutyambai to publish guidelines on the conduct of police during the curfew within 48 hours.

“The guidelines should be published in major daily newspapers of national circulation,” the judge ordered.

In the petition, the Law Society of Kenya had moved to court seeking orders to suspend the current state curfew which started on Friday 27th March.

Failure to suspend the curfew, LSK wanted the court to review the time of the curfew from 7 P.M to 5 A.M, to begin from 7 P.M to 10 P.M pending the hearing and determination of the application.

The petitioner further wanted the inspector general prohibited from using unreasonable force in enforcing the curfew order and holding him personally liable for unreasonable use of force in enforcement of the curfew order against members of the public.

The society also wanted him to publish in the newspapers and file in court security guidelines on the conduct of police officers enforcing the curfew order within 24 hours.

In the application, LSK wants police barred from interfering with media coverage of the curfew and including the justice system and legal representation in the list of essential services providers

Additionally, the lawyers body wants the Chief Justice be ordered to issue practicing directions that proceedings to be conducted wholly as video or audio proceedings and where it is not practicable for the hearing to be broadcast in a court building, the court may direct that the hearing take place in private where is necessary to do so to secure the proper administration of justice.