NAIROBI, Kenya, Aug 19 – The High Court has invalidated government regulations restricting public gatherings as part of the COVID-19 containment measures terming the move as illegal and unconstitutional.
Justice Anthony Mirima as a result restrained the Inspector General of police or any police officer under his command from acting on the regulations, in a judgement delivered on Wednesday.
“An order is hereby issued calling into this court and quashing the entire directives made by the National Security Advisory Committee (NSAC) to contain, restrict and prohibit public gatherings, meetings, and processions in the name of combating COVID-19,” he ruled.
“An order of prohibition is hereby issued restraining the Inspector General of Police whether by himself or any police officer from taking directives from the NSAC or any other person , organ, body or entity to carry out their constitutional and statutory duties save for the provisions of Articles 157(4) and 245(4) of the Constitution,” he added.
Justice Mirima was delivering a judgment on a petition filed by the Law Society of Kenya contesting the directives which were issued by the NSAC and later adopted by the Cabinet in 2020.
He made the ruling even as President Uhuru Kenyatta issued further directives suspending public gatherings and meetings, including political rallies and campaign meetings for impending by-elections for an additional 60 days.
In their petition, LSK had accused the Attorney General and Inspector General of Police of misusing the Public Order Act to curtail freedom of expression and suppress divergent opinions, in what they said amounted to a political clampdown.
“The directives by the NSAC are assailed as a culmination of decisions enumerated discriminatorily and selectively enforced to combat the effect of COVID-19 which is to limit rights and freedoms of Kenyans under the Bill of Rights,” the LSK had told the court.
They also questioned, among others, the legal existence of the Advisory Committee and its power to direct the police to enforce the restrictions.
“The National Cohesion and Integration Commission is mandated with the roles of investigations for purposes of prosecution of offenses enumerated in the said Act. National Security Advisory Committee cannot arrogate to itself the powers of the NCIC,” LSK indicated.
LSK also accused the police of selectively enforcing and implementing the regulations.
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