Police action

This petition challenged the night curfew published as Legal Notice No. 36 - The Public Order (State Curfew) Order, 2020 (the curfew order) under the Public Order Act, Cap. 56 (the POA). The petitioners argued that the curfew order was unconstitutional for limiting rights such as the freedom of association, freedom of assembly and right to work; and failing to provide the period of the curfew as required under section 8 of the POA.

In considering the constitutionality of the POA, the court considered, inter alia:

This was a petition seeking to declare that actions by the police to stop a demonstration and arrest the petitioners, was illegal and unconstitutional under articles 32, 33, 36, 49 and 50 of the Kenyan Constitution. The petitioners also sought an order declaring sections 78 (1) and (2) and 94(1) of the Penal Code null and void.

This was a petition seeking to declare the actions by the police of stopping a demonstration, to be unconstitutional for violating the petitioners’ freedoms of association, assembly and demonstration.

The court considered whether the actions of the police were constitutional, reasonable and justifiable. The petitioners argued that the police violently broke the peaceful demonstration and made arrests.