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High Court Declares the Corona Curfew Not Illegal

Justice Weldon Korir of The High Court on Thursday declined to announce the 7pm- 5am COVID-19 curfew illegal following a suit filed by the Law Society of Kenya (LSK). The Society moved to Court to challenge the curfew order made by the Head of State, His Excellency Uhuru Kenyatta along with the unjustified use of force by the law enforcers implementing it. It also sought orders captivating the government to come up with guidelines for the curfew as well as the containment of novel coronavirus.

The Court said it was not persuaded that there was a need to give out other guidelines for the curfew order. "The challenge appears to be the implementation of the law that is already in place. Directing that other regulations be formulated and issued on top of what is already in place will not solve the underlying problem," Justice Korir stated in his ruling.

Justice Weldon Korir (Source/Courtesy)

He, however, directed police not to use unnecessary force while enforcing the curfew imposed to contain the spread of the virus. He added that the absurd use of force was unconstitutional. " The National Police Service must be held accountable for violating the rights to life and dignity among other rights."

The Law Society of Kenya (LSK) together with Independent Policing Oversight Authority (IPOA) did not fully lose the battle for the judge directed they should be included in the list of persons exempted from the curfew order. He gave Interior Cabinet Secretary Fred Matiang'i five days to include the members of both bodies in the list of personnel exempted from the provisions of the Virus Curfew.

Content created and supplied by: KarenNKyalo (via Opera News )

Justice Weldon Korir Law Society of Kenya The High Court Uhuru Kenyatta Weldon Korir


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