This archive report was first published on 18 August 2021.
On July 14, 2021, the High Court of Kenya delivered a significant ruling, striking down the government's ban on public gatherings to combat the spread of Covid-19.
Justice Anthony Mrima declared the directives issued by the National Security Advisory Committee on October 7, 2020, and ratified by the cabinet, as unconstitutional.
The court found that the government's use of section 5 of the Public Order Act to restrict public gatherings, meetings, and processions was unlawful and violated Articles 10(2)(a) and 245(2)(b) and (4) of the Constitution.
The judge also quashed the entire directives made by the National Security Committee, restraining Inspector General Hillary Mutyambai and his officers from taking directives from the committee or any other entity that may interfere with their constitutional duties.
The Law Society of Kenya had moved to court to challenge the directives, arguing that they were discriminatory and selectively applied to suppress divergent opinions.
