Kenyan Lawyers to Challenge Dusk-to-Dawn Curfew, Say it is Unconstitutional

The Law Society of Kenya (LSK) has vowed to move to court to challenge the dusk-to-dawn curfew imposed by President Uhuru to combat the spread of coronavirus.

LSK, through its president Nelson Havi on Saturday said the curfew will only aid in spreading the disease citing last night events where police were captured using excessive force on Kenyans.

Havi termed the 7 pm to 5 am curfew as unconstitutional and urged members of the public to document all incidents of police brutality and forward them to LSK as evidence to be used to prosecute 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.”

Havi further condemned scenes witnessed on the first day of the curfew and asked Interior Cabinet Secretary 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.”