The high court on Thursday, November 12, temporarily suspended directives given by the National Security Advisory Council (NSAC) on political gatherings in the county.
In the ruling, the Judge ordered the Inspector General of Police (IG) Hillary Mutayambai not to enforce the directives which were ratified by the Cabinet led by President Uhuru Kenyatta.
"Pending the hearing and determination of the petition a conservatory order is hereby issued suspending the directives issued by the National Security Advisory Committee on the October 7, and ratified by Cabinet on October 8.
"...Since the effect of the same directive is to direct the manner in which the IG or any of its officers under his command should carry out their constitutional and statutory duties," the ruling read in part.
The committee which is led by Head of Public Service Joseph Kinyua had on October 7, announced that politicians intending to hold public meetings and gatherings would be required to notify the area Officer Commanding Station (OCS), three days prior to the visit.
The petition was filed by the Law Society of Kenya (LSK) challenging the advisory by the Joseph Kinyua-led committee arguing that they are unlawful and breached citizens' right to assemble.
Kinyua added that conveners of the meetings would be required to obey orders given to them by the OCSs.
The OCS would be present throughout the meeting procession and would assist the police in the maintenance of peace and order at the meeting or procession.
Also, any person who intended to participate in the public meeting would be required to exercise a high sense of civic duty and responsibility and not to be in possession of any weapon.
"He or she should report to the relevant authority incidents of hate speech, incitement to violence, ethnic contempt or any other offence," Kinyua stated.
Further, all persons making their address in the public meeting were barred from using offensive, abusive, insulting, misleading, confusing, obscene or profane language.
In new measures in November 2020, President Uhuru suspended all political gatherings and rallies for a period of 60 days commencing November 4.
“Those intending to hold meetings will do so in town halls incomplete observation of Covid-19 protocols. Those attending must be limited to one third sitting capacity of the hall," he stated.
