This archive report was first published on 11 July 2020.
Published on July 11, 2020, the Appellate Court has dismissed a case challenging the constitutionality of the Interior CS and police chiefs placing the country or part of it under a curfew.
The court rejected an argument by Haki na Sheria Initiative, a civil society organisation, that two sections of the Public Order Act give the CS and police powers to curtail freedom and rights guaranteed by the Constitution.
Justices Wanjiru Karanja, Fatuma Sichale, and Jamilla Mohammed ruled that the curfew and restriction orders imposed under Section 8 and 9 of the Public Order Act are subject to judicial oversight and therefore not devoid of checks and balances.
The court added that where public safety is at risk of being violated due to factors like terrorist attacks or insecurity, the limitation of the affected persons' rights and freedom is justifiable, reasonable, and necessary.
Group coordinator Barre Adan criticised the High Court for not finding that the law is discriminatory and contrary to the Constitution, stating, “which provides for equality before the law and the right to equal protection”.
