BY SAM ALFAN.
Inspector General of Police Hillary Mutyambai has temporarily been barred from taking orders from the National Security Advisory Committee (NSAC) on public gatherings.
Justice Anthony Mrima further suspended the directives of the NSAC on the manner in which public gatherings should be held, pending the determination of a case filed by the Law Society of Kenya (LSK).
The lawyers’ umbrella body challenged the directives issued on October 7 and ratified by Cabinet the following day, arguing that the NSAC was interfering with the mandate of the IG of police.
LSK further argued that as a result of the said directives, several public meetings were declared unlawful, banned and disrupted with the use of brute police force.
The body pointed out that the permission to hold several public meeting have been denied by the police including a fundraising at St Leo Catholic church Shianda, Mumias East constituency on October 11 in respect of which permission was declined on October 9, 2022 over Covid 2019 public health instructions and directives’ and ‘security threats’.
The LSK further told the court that the directives were used as a tool to further favoured political cause since several other public meetings are being held in which in which directives are not being applied including a national prayer day held at State House on October 9 attended by thousands including President Uhuru Kenyatta and another at the opposition leader Raila Odinga at his home in Bondo by kikuyu elders.
The Attorney General had opposed the issuance of the orders stating that it was an interference with the Executive power to maintain peace and order.
The directive included the manner in which public meetings, gatherings and processions are to be conducted and how addressing such meetings must conduct themselves.
The Committee also warned that media outlets shall be held responsible for the content published or broadcast, words that incite feelings of contempt, hatred, hostility and violence and desists from providing a platform to hate mongers.
“The directives are selectively applied by the police and in the guise of fighting Covid-19 pandemic with the result of limiting rights of fundamental freedoms guaranteed in the Bill of rights , freedom, expression, freedom of the media ,freedom to demonstrate and freedom to assemble,” LSK submitted.
In the ruling, Justice Mrima said the independence of the IG is constitutionally insulated from any form of interference or directional command.
He noted that apart from the Director of Public Prosecutions and only to the extent provided by the constitution, no other person, body or entity has the power to give any form of directives to the police boss on how to discharge his functions.
“In as much as the directives may have been intended for the good of the citizenry, this court cannot lose sight of the fact that the impugned directives are on a direct collision course with Article 245(2)9b) and (4) of the constitution,” the Judge said.
