The Law Society of Kenya (LSK) has moved to court seeking suspension of the dusk-to-dawn curfew and an order compelling Health Cabinet Secretary Mutahi Kagwe to provide more details on the country’s preparedness in tackling coronavirus.
On the curfew, LSK wants an alternative order directing the Ministry of Interior to extend the time of the start of the curfew from 7.00 pm to 10 pm.
It also wants the court to compel Interior CS Fred Matiang’i to publish guidelines on conduct of police officers enforcing the curfew in newspapers with national circulation.
Through lawyers Wakesho Kililo and Omwanza Ombati, LSK is seeking orders prohibiting police from using unreasonable force in enforcing the curfew and that Inspector General of Police Hillary Mutyambai be held personally liable should officers use force.
LSK also wants the court to direct Mr Mutyambai to stop interfering with media coverage of curfew enforcement, and for the justice system and legal representation to be added to the list of essential service providers.
In a 36-page constitutional petition filed at the High Court in Milimani, LSK says police officers have been unleashing terror and violence on vulnerable Kenyans.
The society further believes that the curfew is not only unconstitutional but also illegal, illegitimate and disproportionate because it is blanket and indefinite and goes beyond the Public Order Act.
“The curfew poses a great and imminent danger to the general health and safety of Kenyans particularly the poor and vulnerable members of the society as it is disproportionate and draconian in a free and democratic society,” LSK says.
In the implementation of the curfew, the lawyers said the elderly, pregnant women and the sickly were assaulted by police as providers of essential services such as watchmen, supermarket workers, medical personnel and truck drivers were bludgeoned.
Further, the society is seeking orders compelling Health CS Kagwe to issue guidelines for the curfew, quarantine and containment of Covid-19 disease.
It wants him to offer details on testing such as how many kits have been delivered to various designated testing facilities.
LSK wants the court to compel the CS to reveal the number of facilities designated for Covid-19, their distribution around the country and the capacity to manage severe cases (number of beds and oxygen availability).
According to the lawyers, the CS should disclose the country’s capacity to manage critical cases in terms of Intensive Care Units (ICU), ventilators, laboratory capabilities, blood gas analysis, full metabolic and electrolyte screens.
On health workers, the society says Mr Kagwe should reveal the number of trained health workers attached to each Covid-19 health facility by cadre.
With regard to resources, Mr Kagwe should be compelled to publish the allocated and expanded financial and non-financial resources for Covid-19 response, the lobby says.
LSK wants the Health CS to explain why tests for the disease are not available on voluntary basis to all who have symptoms as done in other countries.
“Provide a neutral SMS platform that will extend to other users beyond Safaricom subscribers. Communication is tailored to meet the needs of underserved populations, including people with disabilities,” the LSK listed one of the orders it seeks in the petition.
LSK also wants court to compel government to provide information on the working conditions of persons providing health services.
The group said it filed the case in exercise of its statutory duty to protect and assist the public.
The respondents of the case are IG Mutyambai, CS Matiang’i, the Attorney General, the Chief Justice and the Health CS.
The petition will be heard on Thursday by Justice Weldon Korir.
