COVID025 - Copy1

Kituo receives favourable judgment on curfew order

Nairobi Const. Pet 120 of 2020 Law Society Of Kenya V Attorney General & 8 Others was a case filed by the LSK challenging the constitutionality of the Public Order (Curfew Order) 2020 for among other being unconstitutional. Kituo Cha Sheria was enjoined as the 4th Interested Party. KITUO took great exception to the police use of unreasonable force by the police. KITUO in its affidavit before court stated that the police officers enforced the curfew order in the most un-proportionate and brutal manner. We supported the brutality by reference to media reports. We further argued police brutality was a clear demonstration of criminalising the COVID 19 pandemic rather than treating it is a public health concern. On Friday, the 17th April 2020, Justice Korir delivered a favourable judgment making the following orders:

  1. A declaration that the 1st Respondent, National Police Service unreasonable use of force in enforcing the Public Order (Curfew Order) 2020 is unconstitutional.
  2. An order of mandamus compelling the 2nd Respondent, Ministry of Health to include advocates and the 3rd Interested Party, IPOA in the list of those exempted from the Public Order.

VIEW Judgment HERE-

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