Mombasa Police Commander Johnston Ipara risks being sued if his controversial directive for couples to seek night wedding permits stays.
Ipara issued the directive on Sunday, saying permits will be obtained at the Deputy County Commissioner's office and that those without capacity to provide security will not get them.
In its response on Monday, Muslims for Human Rights (Muhuri) said it will seek clarification from police and opt for legal redress if the reasons are illogical.
Khelef Khalifa, the Chairman of the rights group, said the order is "unconstitutional and must be resisted".
In a phone interview on Monday, he added: "It is the duty of police to maintain law and order during the day and at night. Banning centuries-old practices is discriminatory because the order does not affect other night social activities such as those that take place at bars and night clubs."
Khalifa also noted that police, not citizens, have the bigger capacity to provide security.
"This is a roadside declaration," he said.
Ipara also declared that weddings can only last until 11 pm and that they cannot take place outside social halls.
He said the order was informed by the
emergence of criminal gangs, which mostly comprise young men who target women attending such celebrations.
But the Muhuri official said police have the power to fight these criminals without inconveniencing people.
Noting the strained relationship between police and the
public has made it difficult to fight crimes, he said
confidence must be built.
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The directive has caused panic in Mombasa with some churches reportedly cancelling scheduled night vigils.
This forced the Police Commander to refute claims that churches were also targeted.
"No church affair was discussed. What we said is that all weddings will be celebrated up to 11 pm and preferably in social halls," he said.
"Police will provide security for weddings they are notified about and for which permits will be granted
without any charges."
County Commissioner Evans Achoki issued the same directive in November last year.
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