High Court has declined to temporarily suspend the new security measures set up by the National Security Advisory Council (NSAC).
The cased filed by the Law Society of Kenya also stated that regulated public gatherings should continue taking place.
Contrary to the expectations, Justice Anthony Murima ordered the two respondents, the Inspector General of Police and the Attorney General to file and serve responses incorporated with written submissions before the closing of business, Friday, October 16.
“To have an orderly court proceeding, this court will abide by the rules made on the 13th of this month. I, therefore, decline the request for interim conservatory orders at this point in time,” ruled justice Murima.
Hearing the notice of motion has been postponed to October 21.
Measures against a public gathering
One of the measures issued out last week stated that any leader planning a public gathering must notify the Officer Commanding Station (OCS) of such an event 3-14 days before it happened.
On Monday, LSK moved to court seeking a restraining order against the Inspector General of Police saying he was acting alone which was unlawful.
He additionally asked those under his command to interfere with my public gathering, license all public groups before they took place, banning meetings and processions of LSK, and disrupting peaceful meetings.
According to the law agency, the orders given to stop public gatherings didn’t create a dichotomy between meetings that required permission and excluded meetings.
Additionally, LSK wants the court to confirm if the security measures given by the National Security Advisory Committee on 7th October 2020, and signed by the Cabinet to be used on Section 5 of the Public Order Act Cap 56 of the Laws are in violation of the Constitution, unconstitutional, and unlawful.
Moreover, they want the court to decide whether the provided orders are discriminating, or they’ve been chosen selectively to frustrate groups with divergent opinions.