High Court Judge Weldon Korir on March 30, 2020, ordered Inspector-General of Police, Hillary Mutyambai, to publish guidelines within 48 hours on how the dusk-to-dawn curfew will be enforced.
In the court orders seen by Kenyans.co.ke, police have also been barred from using unreasonable force on civilians and as well as interfering with media coverage.
"An order is hereby issued compelling the first respondent, Hillary Mutyambai Inspector General of the National Police Service, to within 48 hours herewith, publicise in newspapers of circulation and concurrently file in court for scrutiny, guidelines on the conduct of police officers enforcing the Public Order (State Curfew) 2020," reads part of the ruling.
The Law Society of Kenya (LSK) had filed a petition with the constitutional and human rights division of the High Court seeking to have the national curfew suspended or extended its starting time to 10 p.m. from the current 7 p.m.
“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 law society argued that the curfew would erode the gains made by the county in fighting off the Covid-19 virus given the violent and inhumane manner members of the public were being treated by security personnel.
Responding to the petition the Judge stated that "the Law Society of Kenya through a petition filed has demonstrated that unless certain orders are granted ex-parte, members of the public will suffer prejudice".
Kenya declared an indefinite dusk-to dawn-curfew that took effect on Friday, March 27.
