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

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

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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.”

11 COMMENTS

  1. For the lawyers – I hope you…
    For the lawyers – I hope you are very immune to coronavirus! Your idiotic constitutionality is null and void when coronavirus catches up with your learned ass! Unordinary times and situations calls for the unorthodox measures to curb the spread of this killer virus! Surely being a learned friend does not mean you have the necessary common sense to decide for the welfare of the General society. You are a major impediment to containing the virus. Don’t put Kenyans at grave risk with you foolishness! It is time for Kenyans to ignore your stupid self!

  2. While there at the courts @…
    While there at the courts @ Having et al.,Seek guidance from your corrupt judges on how they will prevent transmission of the COVID unsung that same constitution. This nonsense of exciting poor Wananchi at the expense of their public safety is beyond primitive. On the same token., you can ask the judges why other countries are able to obey shelter stay orders and not Kenyans. And last let’s discuss hopefully when you are not vented somewhere on Mbagathi as this virus will not remember you being an activist. Thanks

  3. Does the constitution have a…
    Does the constitution have a clause that gives the President authority to take actions to preserve national security? This is a national security matter. As I write, it is reported Italy lost 969 people to coronavirus yesterday. What is more acceptable? Losing this many lives to the disease or imposing curfew that saves the same number of lives. In times of national emergency, some laws ought to be suspended.

  4. Interesting! I think this…
    Interesting! I think this dude amekaziwa kuona side- chick hence the bs whinning!

  5. The Law Society is right on…
    The Law Society is right on this. The Department of Interior led by Matiangi to the junior officers who colluded and or mounted corporal punishment to harmless populations should face the law. Senior officials should resign. The junior officers must have been obeying orders ( always above) to maim innocent people.

    • This is not the official…
      This is not the official position of the law society. It is the position of one confused lawyer who cannot think logically. Presidents have power constitutional to declare curfew.

    • Do you have to argue like an…
      Do you have to argue like an “ass” every time crisis hit home? It is just best to shut your bick when your mind is frozen in place!

  6. What’s better? A temporary…
    What’s better? A temporary painful wound that heals or a wound that kills?

  7. Damn you lawyers of no…
    Damn you lawyers of no commercial value. You are just missing bribes and now you want to put the whole country at risk. Which one is unconstitutional? You or coronavirus? Just take the Mexican corona beer and chill!!!

  8. Police by the way do have…
    Police by the way do have immunity when curfews are declared. They can use whatever means necessary to be enforce that curfew to include invoking the military. This mavi excuse me Navi et al ., is just seeking relevance and I pray just to be practical he catches covid so that he gets a taste of being ventilated so we can know for sure he is a true COVID matyr. Anything less is exciting primitive relevance..

  9. This Coronavirus is a world…
    This Coronavirus is a world wide menace. This thing is huge. Every mwananchi should be very, very afraid of this thing. It is coming at us wherever we are. Take all personal precautions to protect yourself and your loved ones. Heed the government warnings and get off the streets. Stay home. The world has been turned upside down. Protect yourself. Be very, very afraid!!!!!!

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