• Say it is unconstitutional and the excessive use of force is illegal.
• However, if the court declines to suspend the curfew, LSK wants the review of the time extending the time of the start of the curfew from 7 pm to 10 pm.
The Law Society of Kenya has moved to court seeking to suspend the night curfew imposed by the state.
They argue that the curfew is unconstitutional and the excessive use of force on Kenyans to enforce the curfew is illegal.
However, if the court declines to suspend the curfew, LSK wants the review of the time extending the time of the start of the curfew from 7 pm to 10 pm.
LSK President Nelson Havi last Friday said the penalty for contravening a curfew is a fine of not more than Sh1,000 or imprisonment for not more than three months, or to both and thus the action of police officers amounted to aggravated assault.
“We condemn the actions of the individual police officers who have assaulted suspects. The Cabinet Secretary for Interior and Co-ordination of National Government who was declared to have contravened Article 10 of the Constitution should take personal responsibility and resign,” Havi said.
Havi said members of the public should 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 offences are being committed,” he said.