National Assembly Majority Leader Aden Duale on Thursday, April 23, gave insights on why governors are not mandated to declare lockdowns.
The Garissa Town Member of Parliament issued the explainer after Inspector General of Police Hillary Mutyambai directed police officers not to enforce cessation movement orders issued by governors.
The IG's directive proceeded prior orders by governors shutting county borders as a measure to tame the spread of the Covid-19 virus.
"It's now clear on who is eligible to enforce the cessation of movement orders. Governors have absolutely no powers; everybody should now respect the law," Duale stated, further drawing the line on national functions, in relation to security directives.
Duale stated that the Public Health Act gave the Health Cabinet Secretary powers to declare an infectious/ endemic disease and put in place measures to mitigate the pandemic, which is inclusive of restriction of movement by persons from certain areas.
He further added that a directive on the cessation of movement would also be issued through the National Security Council.
"Additionally, pursuant to Article 240 of the Constitution, as read with the National Security Council Act No. 23 of 2012, it gives power to the council to review and make recommendations on policies on matters relating to national security among other functions," Duale stated.
"On measures restricting movement including a partial lockdown or complete lockdown, the council can recommend such measures to the president, noting a pandemic is a matter of national security," he added.
Duale further argued that the Cabinet Secretary for the Ministry of Interior and Coordination of National Government, in relation to Covid-19 as provided for by the Public Order Act, could declare curfew orders, and oversee the enforcement of orders as issued by the state, including cessation of movement.
"The county governments have no powers to issue partial lockdowns or orders restricting movements to contain the pandemic.
"The Fourth Schedule to the Constitution is clear on their roles, which does not include issuance of cessation of movement orders among others. The county government can only implement the measures issued by MoH or the National Security Council through the president," Duale pronounced.
IG Mutyambai had directed police officers to only enforce cessation of movement orders if only issued by CS Fred Matiang'i.
This was after governors, notably, Garissa's Ali Korane moved to close the county's borders with Isiolo and Wajir on Thursday, April 23, as a measure to curb the spread of the virus.
"We are temporarily stopping any vehicular movement into Garissa County to curb any potential spread of the novel Coronavirus disease from other counties. Trucks ferrying supplies will be allowed in. This is to limit Garissa-bound passengers through our neighbouring counties," Korane had stated.
