The High Court has declined to suspend the dusk till dawn curfew initiated by President Uhuru Kenyatta in a bid to curb the spread of Coronavirus (COVID-19).
High Court Judge Justice Weldon Korir has directed the Inspector General of Police (IG) Hillary Mutyambai to publish guidelines detailing police conduct during the curfew period withing 48 hours.
In addition, Justice Korir prohibited law enforcement from using excessive force on citizens with the set guidelines expected to published in the daily newspapers for nationwide circulation.
This comes days after the Low Society of Kenya (LSK) took legal action against the police following the brutality meted on citizens on the first day of the curfew, Friday, March 27 2020.
On Monday, LSK through their lawyer sought to have the night curfew suspended on the grounds that it was illegal and unconstitutional.
“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,” reads the petition in part.
LSK President Nelson Havi condemned the actions of the police and called upon people to document their cases of aggravated assault for legal action to be taken.
On March 25, President Uhuru Kenyatta ordered a Nationwide curfew from 7PM to 5AM, with police authorities directed to enforce the measures.
This, according to the Head of State was to curb the spread of Coronavirus that currently has 50 cases in the country, with one person dead.
However, the first day was filled with aggression and confrontation between the police and locals with the blame shifted to the police.
Videos circulated online captured police officers in uniform violently beating citizens who were unarmed.
Justice Weldon has directed the LSK to serve the petition to the respondents, with an online hearing scheduled for April, 2.