- They further want the court to determine whether the directives issued by the state have been discriminatory and selectively to suppress divergent opinions.
- The Kinyua led team resolved that all leaders intending to hold a public gathering must notify the Officer Commanding Station (OCS) of such intent 3-14 days before gathering.
The Law Society of Kenya has challenged the recent security measures on public gatherings introduced by the National Security Advisory Council.
Last week, the Cabinet approved the security measures that were announced by Head of Public Service Joseph Kinyua, which put in place new requirements for public gatherings, media reporting and social media.
The Kinyua-led team resolved that all leaders intending to hold a public gathering must notify the Officer Commanding Station (OCS) of such intent three-14 days before gathering.
The legal body has sued the State seeking to bar the Inspector General from licensing or holding of public gatherings, meetings and processions, banning, disrupting or interfering with peaceful public gatherings and processions of LSK.
LSK wants the court to determine whether the directives made by the National Security Advisory Committee and ratified by the Cabinet for the use of section 5 of the public order Act Cap 56 of the Laws are unlawful, unconstitutional and in violation of the Constitution.
They further want the court to determine whether the directives issued by the State have been discriminatory and selectively appled to suppress divergent opinions.
LSK has filed the petition herein seeking redress of a denial, violation infringement and threat to the fundamental freedoms and rights of its members and of the Kenyan Public in respect to the directives.
LSK says that the directives have affected them especially in their planned procession to Parliament on Monday afternoon as they are yet to receive a go-ahead for their procession.
“LSK notified IG Hillary Mutyambai of the procession scheduled for October 12, but there has been no response from him on whether access, facilitation to parliament and security will be provided and guaranteed ” he said.
In an affidavit by Lawyer Collins Odhiambo, LSK says due to the said directives by the State, several public meetings have been declared unlawful and banned, disrupted with the use of brute police force.
“The misuse of the Public order Act Cap 56 of the Laws of Kenya through the directives by the National Security Advisory Committee and the Cabinet may not be remedied by the court, plunge the country into violence as it did in 2007,” Odhiambo said.