The High Court has declined to temporarily stay the new security measures issued by the National Security Advisory Council (NSAC) and approved by the Cabinet to regulate public gatherings.
In a case filed by the Law Society of Kenya (LSK), Justice Antony Murima instructed the respondents (Attorney General and Inspector General of National Police Service) to file and serve responses together with written submissions by Friday, October 16, 2020.
“In order to command an orderly conduct of the court business this court will abide by the orders of the court made on 13th of this month. I will therefore not consider the request for interim conservatory orders at this point in time,” Justice Murima ruled.
He also noted that the matter will come up for direction before Justice Weldon Korir.
“The order of the court was clear and that the matter was to be fixed before him for directions on the hearing. The court did not make any order for considerations for prayer 2, 3 and 4 of the application,” Murima said.
Hearing of notice of motion has been set for October 21.
Last week, Head of Public Service Joseph Kinyua ordered the police to strictly enforce law to curb violence during political rallies.
Kinyua further directed that all public meetings be held in compliance with the Public Order Act, failure to which organizers will be heavily punished.
“All public meetings and public proceedings shall be held in strict compliance with Section 5 the Public Orders Act Cap 56 laws of Kenya.”
“A convener or any person intending to hold meeting shall notify the officer in a commanding station three days to but not 14 days before the procession. Must be present throughout the meeting and shall assist the police in maintain law and order.”
“At all times bind themselves to be peaceful and keep to the designated areas. Any person who wants to attend a meeting shall exercise civic duty and not be in possession of any weapon,” Kinyua said.