BY SAM ALFAN.
The High Court has rejected an application by the government seeking to suspend an order directing Interior CS Fred Matiang’i to include lawyers and IPOA members in the list of essential services providers.
Justice Weldon Korir in a ruling said allowing the application by state will amount to a mockery of justice and the curfew order is a temporary measure.
“The applicants’ application for stay of execution is therefore found to be without merit and is dismissed with costs to the Petitioner and the interested parties,” ruled Judge Korir.
The judge said that the orders he issued were meant to enable members of LSK reach out to clients who may need their services during the curfew hours.
He agreed with LSK that the application lacks merit.
“Indeed allowing this application will amount to a mockery of justice considering that the Curfew Order is a temporary measure and staying the order of this Court will amount to denying the Petitioner (LSK) and the Independent Police Oversight Authority (IPOA) the fruits of the judgment”, said Judge Korir.
In the main petition, LSK argued that failure to exempt legal services from the curfew order violates the rights of arrested persons to access a lawyer.
They further argued that their non-listing went against the right to fair hearing and fair trial as spelled in Article 50 of the Constitution.
Interior PS Karanja Kibicho had brushed off the request saying that courts operate during the day.
But Judge Korir ruled that the work of advocates is not limited to court work.
“They also attend to persons arrested by the police. There is therefore no merit in the contention by LSK that its members should have been exempted from the operations of the curfew order,” the judge said.
