• Also granted was an order stopping the IG and his officers from taking directives from the National Security Advisory Committee.
• The Kinyua-led team resolved that all leaders intending to hold a public gathering must notify the police of such intent three to 14 days before the gathering.
Image: JOHN CHESOLI
The High court has suspended security measures on public gatherings recently introduced by the National Security Advisory Committee.
In granting the order, Justice Anthony Mirima said Inspector General of Police Hillary Mutyambai is still sufficiently equipped with powers to discharge his constitutional mandate.
Also granted was an order stopping the IG and his officers from taking directives from the National Security Advisory Committee.
On October 7, the Cabinet approved the security measures 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 police through the OCS of such intent three to 14 days before the gathering. There is also a directive on how media outlets are to cover and report public events.
But the Law Society of Kenya subsequently sued to challenge the directives.
LSK argued the directives were a tool to promote a preferred political cause since select public meetings were being held in blatant disregard of the very rules.
The society told the court that the National Police Service Act contains functions enough to enable the police maintain law and order without resorting to the new directives.
In an indirect reference to Deputy President William Ruto meetings, the National Security Advisory Committee warned against campaigns it said were being used to incite millions of jobless youth.
But the IG in response said the directives were issued ‘with the aim of containing heightened political tensions in the country’ following the death of two persons during a political rally in Murang’a county.
The top security advisory organ indirectly blamed Ruto for incitement.
“Sadly, some individuals are taking advantage of the vulnerabilities in our population occasioned by the socioeconomic shocks of Covid-19,” Head of Public Service Joseph Kinyua said.
The DP has used the hustler narrative to fire up his frenetic 2022 presidential campaign in what is seen as a direct political affront on President Uhuru Kenyatta and his political soulmate Raila Odinga.
“The directives were issued for the good of the public and applied uniformly throughout the country and strictly in compliance with the law,” the IG said.
But the court on Friday held that LSK had demonstrated the impugned agencies shall continue to muzzle and usurp the powers of the IG in the discharge of its duties unless LSK application is allowed.
“There can be no greater public interest than upholding the Constitution and the law. Even without the impugned directives, the IG is sufficiently endowed with power to fully discharge its constitutional mandate,” Justice Mirima said.
Edited by EKibii