The High Court on Friday set aside its earlier order requiring the government to publish guidelines on curfew implementation in a major daily.
Justice Weldon Korir agreed with the state that the guidelines are too bulky to be published in a national newspaper.
The Law Society of Kenya had moved to court to stop the ongoing curfew imposed by the state due to the coronavirus crisis.
The judge vacated the order he issued on Monday, saying it was not easy to implement.
He also noted that the LSK was not precise on what it wanted the state to publish on the guidelines.
“I grant them three days to file the specific guidelines that they want to be published by Monday next week,” the judge directed.
He also extended two other orders barring police from using unreasonable force in enforcing the curfew and prohibiting them from interfering with the media coverage of the curfew until the case is heard and determined.
In yesterday's hearing via teleconferencing, the state through lawyer Emmanuel Biita, argued that it is impractical to publish in the newspapers the conduct of the police enforcing the curfew as the information is already in the Police Act.
Biita said that documenting the movement of police officers on duty during the curfew will be endangering their lives.
He asked the court to vacate the orders issued on publishing the guidelines.
But the petitioners, through LSK president Nelson Havi, objected to the setting aside of the orders.
Havi equally opposed the submission by the state on setting aside of the orders.
The Independent Police Oversight Authority submitted that there must be an operation order stating the specific instructions to the officers from their commanders, location to operate, names and service numbers of the officers.
The case was adjourned to April 9 after all parties agreed that the notice of motion will be heard together with the petition.
Korir ruled that due to the urgency of the matter, the case will be heard during the Easter recess.
- mwaniki fm
