BY SAM ALFAN.
Pentecostal Assemblies of God (PAG) has moved to court seeking to suspend further implementation of the curfew imposed by the government to curb the spread of coronavirus.
Rev Cornelius Simuyu wants the court to prohibit Health Cabinet Secretary Mutahi Kagwe and his Interior colleague Fred Matiang’i from extending the duration of the curfew, pending the hearing and determination of the case.
Through lawyer John Khaminwa, Simiyu also wants the court to compel Kagwe to present in court any communication given to him by Attorney General on the legality of the two legal notices touching on the curfew and the extension.
Simuyu state that by dint of section 11 of the Statutory Instruments Act, the said curfew order and legal notices are illegal for they have not been placed before Parliament for endorsement as required by law.
“Section 11 of the statutory instruments Act legislation approved by Parliament and is not in its application inferior to the Public Order Act and Public Health Act,” Simuyu said in the petition.
He adds that the two cabinet secretaries are bound to adhere to the provisions and demands provided for in Article 10(2) (a&c) of the constitution.
He further adds that the two cabinet secretaries are not Members of Parliament and under the provisions of section 11 of Statutory Instruments Act, they have no powers to make orders and rules that are exempt from scrutiny of Parliament.
He fears that if the two are not restrained, they will proceed to extend the curfew order and legal notices and thus infringe on the rights and fundamental freedoms enshrined in the constitution to be breached thereby causing him and other people to suffer great losses and damages.
” The rights and fundamental freedoms denied to me and other members of the public include the right of freedom to exercise one’s religion, movement, association, Assembly and interest in property “, he adds.
