REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 120 OF 2020 (COVID 025) LAW SOCIETY OF KENYA……......................................…APPLICANT/PETITIONER VERSUS HILLARY MUTYAMBAI, INSPECTOR GENERAL NATIONAL POLICE SERVICE.................…........………………..…1ST RESPONDENT FRED MATIANGI, CABINET SECRETARY FOR INTERIOR AND COORDINATION OF NATIONAL GOVERNMENT.…........…..……2ND RESPONDENT ATTORNEY GENERAL…..……...…......………………………........3RD RESPONDENT THE HON. CHIEF JUSTICE….….......………………………….......4TH RESPONDENT MUTAHI KAGWE, CABINET SECRETARY FOR HEALTH…..….…………………….5TH RESPONDENT AND KENYA NATIONAL COMMISSION ON HUMAN RIGHTS…….......................................................1 ST INTERESTED PARTY FIDA-KENYA…….………………………......…..……………2ND INTERESTED PARTY INDEPENDENT POLICE OVERSIGHT AUTHORITY (IPOA)….............................…..3RD INTERESTED PARTY ORDERS AND DIRECTIONS OF THE COURT Upon perusal of the pleadings filed herein I certify the matter urgent. Orders and directions shall issue as follows:a) The Applicant/Petitioner, the Law Society of Kenya has through the pleadings filed in court established a prima facie case with a likelihood of success and demonstrated that unless certain orders are granted ex-parte, members of the public will suffer prejudice. In the circumstances, orders are issued a follows:(i) An order is hereby issued compelling the 1 st Respondent, Hillary Mutyambai, Inspector General of the National Police Service, to within 48 hours herewith, publicize in newspapers of national circulation, and concurrently file in court for
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scrutiny, guidelines on the conduct of police officers enforcing the Public Order (State Curfew) Order 2020; (ii) The 1st Respondent is prohibited from using unreasonable force in enforcing the Curfew Order; and (iii) The 1st Respondent is prohibited from interfering with media coverage of the curfew; b) Directions are issued as follows:(i) The Applicant/Petitioner to forthwith effect service of the pleadings for the purpose of inter partes hearing of the other prayers in the notice of motion; (ii) In order to hasten the hearing and determination of the application, the Applicant/Petitioner is directed to file and serve skeletal submissions on the said notice of motion application before midday on 31/3/2020; (iii) The respondents and interested parties are directed to file and serve their responses to the notice of motion, together with skeletal submissions, before 2.00pm on 1/4/2020; (iv) The service of the orders issued herein, the application and the rest of the pleadings to be effected through the official email addresses of the respondents and the interested parties; (v) The advocates for the parties to provide their email addresses to the Deputy Registrar of the Constitutional and Human Rights Division for purposes of arranging for the matter to be heard using the Zoom application on 2 nd April, 2020 at 10:30 a.m. Dated and delivered at Nairobi this 30th day of March, 2020 W. Korir, Judge of the High Court
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