• State is yet to comply with the court’s order that directed them to publish the guidelines on police conduct during curfew in major newspapers.
• IG Mutyambai says LSK has not presented evidence of excessive force during curfew, says no reports made hence he cannot act.
Image: COURTESY
Police Inspector General Hillary Mutyambai has said he never ordered any police officer implementing the ongoing curfew to terrorise Kenyans.
In an affidavit filed in court, the IG says the police are supposed to implement the curfew within the confines of the law.
He was responding to a petition filed by LSK challenging the constitutionality of the curfew.
Mutyambai claims that he never directed any of his officers to unleash terror on members of the public.
He similarly dismissed the allegations by Law Society of Kenya of police brutality arguing that he is yet to receive any reports related to abuse of power. He said he cannot act unless they report.
He further argues that LSK has not adduced any evidence to support their claims.
The state has maintained that the ongoing 7pm to 5am curfew will continue saying that it’s a restrictive means to stop the spread of Covid-19.
Interior PS Karanja Kibicho has accused the LSK of pursing a collateral populist agenda.
“Instead of advancing public interest, the legal agency has chosen to pursue a populist agenda at a grave period when the entire world is facing a monumental threat on the very basic survival of humanity,” Kibicho said.
He further claims that LSK has not demonstrated any prejudice it will suffer if the order is issued under the Public Order as opposed to the Public Health Act as the agency has proposed.
According to the government, the principal aim of the Public Order of the curfew is to minimise and mitigate the spread of the virus and thus protect human lives which is a constitutional responsibility of all governments including Kenya.
Kibicho has also accused LSK of filing in court a fake curfew order arguing that it is not the document signed by his boss Fred Matiang’ i for publication in the Gazette Notice.
“I have been informed by the CS that the document annexed to CEO Mercy Wambua’s affidavit is strange to him and he has no knowledge it,” the PS said.
He added that there is a High Court ruling that upheld the imposition of the curfew as a stopgap measure and cannot be compared to a state of emergency which is declared under Article 58 of the Constitution.
“I believe that the night-time curfew is proportionate and is the least restrictive means in the present circumstances."
However, the state is yet to comply with the court’s order that directed them to publish the guidelines on police conduct during curfew in major newspapers.
The case will be heard on Friday.
Edited by R.Wamochie