BY SAM ALFAN.
Law Society of Kenya has filed application seeking to suspend a curfew imposed by the government to stem the spread of Covid-19 pandemic.
In the petition, LSK wants pending hearing and determination of the case, the court to issue a conservatory order, extending the time of the curfew from 7pm to 10pm.
LSK further seek the court to compel Inspector General of police Hillary Mutyambai to publish in the newspapers and file in court for security guidelines on the conduct of police officers enforcing the curfew order within 24 hours.
The society further wants the inspector general prohibited from using unreasonable force in enforcing the curfew order and holding him personally liable for unreasonable use of force in enforcement of the curfew order against members of the public.
LSK wants police barred from interfering with media on the coverage of the curfew and including the justice system and legal representation to be included in the list of essential services providers.
The lawyers’ umbrella body further want Chief Justice David Maraga to appoint judges and magistrates to hear urgent matters.
“Pending hearing and determination of the application and petition the chief justice be ordered to issue practice directions that proceedings on video or audio hearings during coronavirus pandemic and issue directions that proceedings are to be conducted wholly as video or audio proceedings and where it is not practicable for the hearing to be broadcast in a court building, the court may direct that the hearing take place in private where is necessary to do so to secure the proper administration of justice”, LSK seeks.
LSK further seek that health cabinet secretary Mutahi Kagwe to exercise his powers under section 36 of the public health Act and all relevant legislation band issue proper guidelines for the curfew , quarantine or containment of COVID-19 coronavirus .
LSK argue that contrary to section 8 of the public order does not expressly provide for written permits hence penalizing vulnerable persons and persons who venture out strictly for the purpose of performing an essential services, obtaining an essential good or service or seeking emergency, life saving or chronic medical attention.
The curfew order subjects persons performing or seeking listed essential services such as medical personnel arrest.
The society claim police violently assaulted vulnerable persons like pregnant women , the sick elderly and also bludgeoned providers of essential services such as watchmen, supermarket workers, food truck drivers and medical personnel on their to or from work.
The police also recklessly horded large crowds on the ground contrary to WHO advice on social distancing and Inspector general stopped the media from monitoring their movement and assaulted journalists covering the process.
The society adds that most of Kenyans live from hand to mouth and have to work until between 5:00 to 6:00 PM and Kenya doesn’t not have an essential public transport system and it is impracticable.
“This is exacerbated by the recent reduction in passengers numbers. It is therefore impracticable for these Kenyans to shop for essentials , find transport and get home by 7:00PM”, society told the court.
