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Lawyers move to court to challenge ‘unconstitutional’ curfew

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The Law Society of Kenya will on Monday move to court to challenge the government-sanctioned curfew which they say will only aid in spreading the coronavirus.

LSK President Nelson Havi, in a public statement, termed the 7pm to 5am curfew as unconstitutional, further accusing police officers of abusing their authority in effecting it.

Havi also urged Kenyan citizens to document all incidences of police brutality and forward them to LSK for purposes of prosecuting the responsible police officers.

“Law Society of Kenya will move to Court on Monday to challenge the curfew which is not only unconstitutional but has been abused by the police. It is evident that Covid-19 will be spread more by actions of police than of those claimed to have contravened the curfew,” said Havi.

“Members of the public are requested to document all incidences of aggravated assault by the police and forward the same to the Law Society of Kenya. We will take action against the said officers and or their superiors in charge of the commands where the offenses are being committed.”

The LSK boss, while condemning the actions of the police witnessed across the country on the first day of the curfew, called upon Interior Cabinet Secretary Dr. Fred Matiang’i to take personal responsibility and resign for contravening Article 10 of the Constitution.

“The penalty for contravening a curfew is a fine of not more than Ksh 1,000 or imprisonment for not more than 3 months, or to both,” he added.

“The National Police Service have no right or justification whatsoever substituting the penalty with corporal punishment. Their action amounts to aggravated assault.”

The 7pm to 5am curfew which was announced by President Uhuru Kenyatta a few days ago officially took effect on Friday.

Chaos was witnessed throughout the country as police were documented beating up Kenyan citizens found on the streets within the stipulated periods.

Author

Milton Nyakundi

Milton Nyakundi is a veteran multimedia journalist with over 20 years of experience across broadcast, digital, and print media, who relocated to the United States in 2022 and is now the Senior International Correspondent for Kurunzi News based in Washington, DC, USA. He has previously worked with the Kenya Broadcasting Corporation (KBC), among other high-profile roles with Kenya's first privately-owned media outlet - Kenya Television Network. His experience also include prominent roles as Media Consultant for Football Kenya Federation (FKF), and StarTimes Kenya. His career spans high‑stakes political reporting covering legislative and constitutional issues, elections, governance, and accountability across Kenya, Africa, and global arenas. He also boasts extensive sports journalism experience, covering local and international sports events, including leagues, tournaments and sports governance. He is well-known for his investigative depth, editorial leadership, and evidence-driven journalism that guides his consistent delivery of public‑interest storytelling across platforms.

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