Court Declines to Stop Kenya’s 21-Day Dusk-to-Dawn Curfew

The High Court has dismissed an application seeking to have the dusk-to-dawn curfew imposed by the government late last month suspended.

In an application filed on March 30th, the Law Society of Kenya (LSK) asked the court to stop the 7 pm to 5 am curfew, arguing that it is illegal.

LSK claimed that police were taking advantage of the 21-day restriction to unleash terror and violence on innocent Kenyans.

But in a ruling on Thursday, April 16th, High Court Justice Weldon Korir upheld the curfew, saying it is one of the precautionary measures taken by the government to stem the spread of the coronavirus disease.

The judge pointed out that the government cannot be faulted for implementing a precautionary principle.

“This is a time to stand together and face a common enemy in the fight for our survival. Each one of us should be engaged in the fight,” Justice Korir said in his decision.

Justice Korir nevertheless noted that the use of excessive force by police during curfew hours is unconstitutional.

At the same time, the court directed the government to include LSK members and Independent Policing Oversight Authority (IPOA) in the list of essential service providers who are exempted from the curfew.