KITUO was moved into action by the police brutality meted on innocent Kenyans following the enforcement of the curfew. There have been reports of more than two people including a 13-year old boy losing their lives due to excessive force meted by the police. Law enforcement agents remain accountable even during the COVID-19 pandemic as constitutional guarantees are not suspended by the disease or a curfew.
Consequently, on 1st April 2020, KITUO applied to be enjoined to the constitutional petition filed by the Law Society of Kenya in collaboration with FIDA Kenya, Independent Policing and Oversight Authority and the Kenya National Commission for Human Rights (Nrb HCCC Petition No. 120 of 2020 (COVID 025). The petition seeks to hold the National Police Service, Cabinet Secretary of Health and Attorney-General accountable. Through its volunteer advocates Dr. John Khaminwa, Mr. Eric Mutua and Mr. John Mwariri, KITUO was allowed to be enjoined as the 4th Interested Party. The Court directed that the police are prohibited from using excessive force in enforcing the curfew. Further, the following conservatory orders were granted and extended by the Court:-
- An order is issued compelling the 1st Respondent, Hillary Mutyambai, Inspector-General of the National Police Service to within 48 hours publicize in newspapers of national circulation, and concurrently file in court for scrutiny guidelines on the conduct of police officers enforcing the Public Order (State Curfew) Order 2020;
- The 1st Respondent is prohibited from interfering with media coverage of the curfew;
The petition will be heard next week 9th April 2020 for final determination.