Lawyers move to court to challenge ‘unconstitutional’ curfew


Lawyers move to court to challenge 'unconstitutional' curfew
LSK President Nelson Havi during a past court proceeding. PHOTO | FILE

In Summary

  • LSK President Nelson Havi, in a public statement, termed the 7pm to 5am curfew as unconstitutional, further accusing police officers of abusing their authority in effecting it.
  • Havi also urged Kenyan citizens to document all incidences of police brutality and forward them to LSK for purposes of prosecuting the responsible police officers.

The Law Society of Kenya will on Monday move to court to challenge the government-sanctioned curfew which they say will only aid in spreading the coronavirus.

LSK President Nelson Havi, in a public statement, termed the 7pm to 5am curfew as unconstitutional, further accusing police officers of abusing their authority in effecting it.

Havi also urged Kenyan citizens to document all incidences of police brutality and forward them to LSK for purposes of prosecuting the responsible police officers.

“Law Society of Kenya will move to Court on Monday to challenge the curfew which is not only unconstitutional but has been abused by the police. It is evident that Covid-19 will be spread more by actions of police than of those claimed to have contravened the curfew,” said Havi.

“Members of the public are requested to document all incidences of aggravated assault by the police and forward the same to the Law Society of Kenya. We will take action against the said officers and or their superiors in charge of the commands where the offenses are being committed.”

The LSK boss, while condemning the actions of the police witnessed across the country on the first day of the curfew, called upon Interior Cabinet Secretary Dr. Fred Matiang’i to take personal responsibility and resign for contravening Article 10 of the Constitution.

“The penalty for contravening a curfew is a fine of not more than Ksh 1,000 or imprisonment for not more than 3 months, or to both,” he added.

“The National Police Service have no right or justification whatsoever substituting the penalty with corporal punishment. Their action amounts to aggravated assault.”

The 7pm to 5am curfew which was announced by President Uhuru Kenyatta a few days ago officially took effect on Friday.

Chaos was witnessed throughout the country as police were documented beating up Kenyan citizens found on the streets within the stipulated periods.

For Citizen TV updates
Join @citizentvke Telegram channel



Video Of The Day: | PAIN IN SERVICE | Frontline workers narrate the ordeal of fighting Covid-19

Avatar
Story By Ian Omondi
More by this author