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The High Court yesterday declined to temporarily suspend the new security measures issued by the National Security Advisory Committee (NSAC) and approved by the Cabinet to regulate public gatherings. 

Justice Antony Murima declined to issue the interim conservatory orders sought by Law Society of Kenya (LSK) pending the inter partes hearing of the matter.

“I will therefore not consider the request for interim conservatory orders at this point in time,” ruled Justice Murima.

However, he directed that the Attorney General and Inspector General of National Police Service who are listed as interested parties in the matter to file their responses together with written submissions by the close of business today .

The judge directed the matter be placed before Justice Weldon Korir on October 21 for directions on the hearing. 

On Monday LSK filed a petition challenging the National Security Advisory Council over the newly announced measures on public gatherings.

Enforcement, implementation

According to the LSK, enforcement and implementation of the directives issued by the security council will violate the rights freedoms of LSK and its members.

“We are seeking include orders restraining the IG acting by himself or agents under his command from seeking to license or holding of public gatherings, meetings and processions, banning, disrupting or interfering with peaceful public gathering, meetings and processions of LSK,”says LSK.

The petitioner moved to court after last week the Cabinet approved security measures announced by the Joseph Kinyua-led team on requirements for public gatherings, media reporting and social media conduct.

The council resolved that leaders intending to hold a public gathering must notify the Officer Commanding Station (OCS) of such intent 3-14 days before gathering.

LSK in it’s court papers claims that the directives made by the National Security Advisory Committee and ratified by the cabinet for the use of section 5 of the public order Act Cap 56 of the Laws of Kenya to contain restrict and prohibit public gatherings, meetings and processions in the name of combating Covid-19 and containing the weaponisation of public gatherings do not create a dichotomy between excluded meetings and those meetings which require permission under section 5(1) tp (11).

“The petition raises substantial questions of law. It is just and lawful that the conservatory orders sought are granted,” the petition reads.

They however want the court to determine  whether the directives made by the National Security Advisory Committee on October 7  and ratified by the Cabinet on October 8 for the use of section 5 of the public order Act Cap 56 of the Laws are unlawful, unconstitutional and in violation of the constitution.

Banning meetings

Further, LSK wants the court to determine whether the directives have been used discriminatorily and selectively to suppress divergent opinions.

Plight of the petitioner is exemplifies in the fact that it could not hold its statutory Annual General Meeting scheduled for the  March 28 which was adjourned as  a result of the banning of public meetings.

Similarly the Annual Conference of the petitioner could not be held in the month of August and may not possibly be held this year if the directives made by the National Security Advisory Committee on October 7 and ratified by the Cabinet on October 8 are to be enforced and implemented against LSK.