7pm – 5am curfew to continue as court declines to suspend it

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BY NAMULONGO PETER,NAIROBI,16TH APRIL,2020-The High Court on Thursday declined to declare the 7pm to 5am curfew imposed by the government to contain the spread of the coronavirus in Kenya as illegal.

The Law Society of Kenya (LSK) moved to court seeking suspension of the dusk-to-dawn curfew arguing that it was being used by police to unleash terror and violence on innocent Kenyans.

The court on Thursday however ruled that the curfew was declared as a precautionary measure to combat the COVID-19 pandemic.

Justice Weldon Korir in the ruling said the government cannot be faulted for enforcing 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, court ruled,” ruled the judge.

The court, however, ruled that use of force by police during the curfew hours is unconstitutional.

The court  further instructed that LSK members and IPOA be included in the list of essential service providers who are exempted from the curfew restriction

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