Saturday June 27, 2020 – Law Society of Kenya (LSK) has suffered another setback in its fight with the Government of President Uhuru Kenyatta.

This is after the High Court dismissed a case the society had filed seeking to quash regulations by the Ministry of Health with regard to curbing Covid-19 disease spread.

Led by its President Nelson Havi, LSK wanted the Government to halt the mandatory face mask directive which stipulated a Ksh 20,000 fine for individuals found flouting the rule.

The society argued that the directive was illegal and will hurt poor Kenyans who were already affected by a shrinking and harsh economy. 

However, Justice James Makau dismissed the case noting that LSK’s bid was against public interest and safety.

He said allowing the prayers sought by LSK was tantamount to handing Kenyans a death sentence to walk around with.

“The measures and steps undertaken under the Public Health (prevention, control, and suppression of Covid-19) should be supported for the good of all,” he said.

The High Court Judge warned that revoking the directive can lead to a spike in Coronavirus cases which will endanger the lives of many Kenyans. 

 “The measures and steps undertaken under the Public Health (prevention, control, and suppression of Covid-19) should be supported for the good of all,” Makau ruled adding that the government was within its legal mandate to enforce a Public Health Act. 

LSK had also raised concern with the cessation of movement and the dusk to dawn curfew issued by President Uhuru Kenyatta.

The judge threw out their case directing that it will be irrelevant and uncalled for to blame the Government for protecting Kenyans’ lives.

“The use of a curfew order to restrict the contact between persons as advised by the Ministry of Health is a legitimate action.”

“The government cannot be faulted for enforcing measures to slow down the spread of this novel disease.”

“For the curfew order to achieve its objectives and to be embraced by the public, it should not be seen as a tool of force.”

“I think the main problem with the curfew order is how it has been implemented,” Makau stated lashing out at police officers accused of extrajudicial killings and use of excessive force. 

The Kenyan DAILY POST

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