The Law Society of Kenya (LSK) has vowed to move to court challenging the dusk-to-dawn curfew order issued by President Uhuru Kenyatta on Wednesday, March 25, 2020.
LSK President Nelson Havi made the resolve following the police brutality experienced by members of the public as the officers enforced the curfew on Friday, March 27.
"Law Society of Kenya will move to Court on Monday to challenge the curfew which is not only unconstitutional but has been abused by the police. It is evident that Covid-19 will be spread more by actions of police than of those claimed to have contravened the curfew," Havi stated.
Health Cabinet Secretary Mutahi Kagwe while issuing a presser at Afya House on March 27, stated that the purpose of the curfew was to minimise contact by ensuring people adhered to social distancing.
However, in light of the incidents that transpired during the implementation of the curfew, and the images that did rounds online, members of the public were made to lie close to each other, some on top of one other, raising questions as to whether police would uphold the social distancing directive.
Havi further challenged the curfew stating that despite Kenya facing the Covid-19 pandemic, the implementation of the curfew was a matter of the court not the police.
"The legality of the curfew, acts and omissions of State and private citizens in the name of containing the spread Covid-19 are matters that must be addressed in Court; not nature or police. The rule of law and constitutionalism must prevail no matter the gravity of a calamity," Havi argued.
The LSK president moved on to condemn the actions of the individual police officers who assaulted Kenyans, alleging that the Interior and Co-ordination of National Government Cabinet Secretary had subverted the constitution and therefore take personal responsibility and resign.
He urged members of the public who have come across any case of brutality to keep a record of the incidents and forward them to the council to facilitate legal action against the officers.
"Members of the public are requested to document all incidences of aggravated assault by the police and forward the same to the LSK. We will take action against the said officers and or their superiors in charge of the commands where the offences are being committed," Havi pronounced.
"Penalty for contravening a curfew is a fine of not more than Ksh 1,000 or imprisonment for not more than 3 months, or to both. National Police Service has no right or justification whatsoever substituting the penalty with corporal punishment," Havi stated, further noting that the action by the officers amounted to aggravated assault.
