NAIROBI, Kenya, Jun 23 – The Supreme Court has dismissed a suit contesting provisions in the Public Order Act allowing for the imposition of curfew and restriction orders.
While making a determination in an appeal by Haki na Sheria Initiative the court affirmed that Sections 8 and 9 of the Act can be justifiably invoked in situations of national emergency.
“The appeal was opposed by the Inspector General of Police (IGP), Cabinet Secretary for Internal Security and Attorney General (AG), who argued that the provisions of the Public Order Act were not unconstitutional and that there was no infringement of any constitutional rights,” the court noted, affirming the position taken by IGP, Interior CS and the AG.
A summary of Friday’s decision asserted that the Court, among other issues, considered international instruments such as the International Covenant on Civil and Political rights that have derogation clauses in exceptional circumstances, such as where a situation amounts to a public emergency threatening the life of a Nation.
Public order decrees
Sections 8 and 9 of the Public Order Act permit the Cabinet Secretary in charge of internal security, and a police officer in charge of a county or division to issue curfew orders and curfew restriction orders.
In the appeal, Haki na Sheria Initiative had claimed that the curfews running from 6:30 A.M to 6:30PM between April 2015 and June 2015 in Wajir, Garissa, Mandera and Tana River violated constitutional rights and freedoms under the Bill of Rights.
The petition further argued curfews infringed the right to life, equality and freedom from discrimination, the right to liberty, freedom of conscience, religion, belief and the right to movement.
“The Court also found that, in this matter, no constitutional rights and freedoms were infringed and that the limitation of the rights during the pendency of the curfew orders and curfew restriction orders was justifiable and reasonable in the
circumstances,” the summary read.
