High Court declares ban on public gatherings unconstitutional
The High Court has quashed Covid-19 containment measures on public gatherings and restriction of movement ratified by the Cabinet.
On October 7,2020, the National Security Advisory Committee (NSAC) banned public gatherings and political rallies in the country in order to combat the spread of Covid-19.
In a ruling, Justice Antony Mrima said that it’s a violation of the constitution to direct law enforcement officers on how to discharge their duties.
“An order of Certiorari be and is hereby issued calling into this Court and quashing the entire directives made by the National Security Committee on 7th October 2020 and ratified by the Cabinet on 8th October 2020, for the use of section 5 of the Public Order Act Cap 56 of the laws of Kenya to contain, restrict and prohibit public gatherings, meetings and processions in the name of combating Covid – 19 and containing the weaponization of public gatherings,” read part of the ruling.
The judge also prohibited the Inspector-General of Police Hillary Mutyambai or his officers from enforcing the directives issued by the NSAC.
The ruling was made after President Uhuru Kenyatta suspended all physical/ in-persons public gatherings and meetings, including political rallies and campaign meetings for impending by-elections.
However, it’s ironical how the government always reminds Kenyans not to violate Covid-19 containment measures politicians who are supposed to be the ones helping the government in the fight against the virus are the ones at the forefront of violating this by arranging public rallies.
He further, revised the containment measures by extending curfew hours for a further 60 days.
The case was filed by the Law Society of Kenya (LSK), that argued the directives breached citizens’ right to assemble.
The society termed the directives as discriminatory, allowing police to use excess force on violators.
“The directives by the NSAC are assailed as a culmination of decisions enumerated discriminatorily and selectively enforced to combat the effect of COVID-19 which is to limit rights and freedoms of Kenyans under the Bill of Rights,” the LSK had told the court.
