The ban on public gatherings by the National Security Advisory Committee issued on October 7, 2020 has been declared unconstitutional.
In a ruling, Justice Justice Antony Mrima said that the directives are unlawful and a violation of the Constitution.
“An order of certiorari be and is hereby issued calling into this court and quashing the entire directives made by the National Security Committee on October 7 and ratified by Cabinet on October 8 for the use of section 5 of the public order act cap 56 of the law to contain, restrict and prohibit public gatherings meetings and processions in the name of combating Covid-19 and weaponizing of public gatherings ” the order reads.
The case was filed by the Law Society of Kenya, that termed the directives as discriminatory, allowing police to use excess force on violators.
The ruling also bars the Inspector General of police or any police officer from taking directives from the National Security Advisory Committee directing them on how they should carry out their constitutional duties.
The directives were issued in a bid to contain Covid-19 pandemic.