BY SAM ALFAN.
The High Court has okayed public gatherings by declaring illegal restrictions issued by the government last year to curb the spread of Covid-19.
Justice Anthony Mrima declared that all directives made by the National Security Advisory committee on October 7 last year and later ratified by the cabinet unconstitutional.
The cabinet ratifier the use of section 5 of the Public Order Act to contain, restrict and prohibit public gatherings, meeting and processions to combat the spread of Covid-19.
But the court said the decision containing the weaponization of public gathering are unlawful, unconstitutional.
The judge said the said directives were unconstitutional and violation of Articles 10(2)(a) and 245(2)(b) and (4) of the Constitution for directing the law enforcement officers on how to discharge their duties.
The judge also quashed the entire directives made by the National Security Committee to contain, restrict and prohibit public gatherings, meeting and processions in the name of containing the weaponization of public gathering.
Inspector General Hillary Mutyambai, any of his officers under his command were restrained from taking directives from the committee or any other persons, organ, body or entity in which they should carry out their constitutional duties.
This is after Law Society of Kenya moved to court challenging the said directives by National Security Advisory committee.
The legal body sued the State seeking to bar the Inspector General from licensing or holding of public gatherings, meetings and processions, banning, disrupting or interfering with peaceful public gatherings and processions of LSK.
LSK urged the court to determine whether the directives made by the National Security Advisory Committee and ratified by the Cabinet for the use of section 5 of the public order Act Cap 56 of the Laws are unlawful, unconstitutional and in violation of the Constitution.
They further urged the court to determine whether the directives issued by the State have been discriminatory and selectively appled to suppress divergent opinions.
