Lamu residents protest against continued curfew despite court order

Haki Africa and Muhuri rapid response officers Mathias Shipeta and Francis Auma lead demonstrations in Lamu on Friday /BRIAN OTIENO

Lamu residents on Friday took to the streets of the island to protest the continued curfew despite a court order temporarily suspending it.

The residents marched along the narrow island streets, carrying placards and calling for the suspension of the curfew and night travel restrictions as ordered by the High Court in Garsen.

In an atmosphere similar to the one created during the annual Lamu Cultural Festival, the residents, young and old, men and women, rich and poor, in a sea of humanity, all merged as one solid block and traversed the island as they held placards with different messages.

Some of the placards read “Ondoa Curfew” (Lift the curfew), others said “Lamu freedom matters”, while others said “Lamu instahili usalama na uhuru” (Lamu deserves security and freedom).

Women carrying their babies walked for almost 10km around the island as they wanted their voices heard.

Authorities say they need time to work out the modalities of its suspension, as Lamu is a security zone.

However, the residents, led by activist and nominated Senator Shakila Abdallah, say their livelihoods are being negatively affected by the continued restrictions. 

Muslims for Human Rights (Muhuri) director Khelef Khalifa, who was among the protestors, said authorities should formally seek the court’s permission for time to implement the suspension order.

“We went to court to have this curfew and night travel restrictions suspended. The authorities should obey the court order or ask the court for more time through a formal application.

“A court order is not a roadside declaration where one can negotiate with it,” Khalifa said.

The veteran rights activist said they will close the Lamu highway for three days straight if the authorities continue to ignore the suspension order issued by Justice Jesse Nyaga.

He said Inspector General of Police Douglas Kanja, Interior CS Kipchumba Murkomen and other security officials have no choice but to obey the court order.

“Our worry is these are the signs of a failed state. What happened in other countries like Somalia and Rwanda and other historical chapters started this way – the government not obeying court orders. This is not a small issue,” Khalifa said.

He said the Constitution says a curfew should not last more than 30 days.

“But these people have implemented the curfew for 12 years straight,” he said.

He said politicians in the mainland parts of Lamu are the ones pushing for the continued curfew, which has affected the livelihoods of those in the islands, including fishermen, traders and tourism players.

“No one is above the law. We have seen senior police officers ignore court orders nine times straight. These are dangerous signs,” he said.

Senator Abdallah said Lamu residents are being subjected to oppression for no valid reason.

“We are Kenyans like any other. Why are residents of Pokot, Turkana and other parts where there is banditry not subjected to this continued curfew? Yet they are even armed so as to defend themselves. We only defend ourselves through prayers,” the nominated senator said.

The Wiper senator said President William Ruto visited Lamu and announced he had addressed and done away with the al Shabaab problem.

“That means Lamu is safe now. Why the curfew then? Why the night travel restrictions? Why are they disobeying court orders?” she said.

She said Lamu has been the whipping boy of successive regimes.

“The other day, Siyu residents were attacked by security officers, and to date, we do not know what that operation was meant to achieve. No action has been taken on those who raided the village,” she stated.

Muhuri rapid response officer Francis Auma said the impunity being exhibited by the security apparatus is dangerous for the democracy of the country.

He said Muhuri is contemplating suing those disobeying the court order as individuals.

“We respect the law, but we do not fear anyone under the law,” he said.

Nahida Kassim, a rights activist, questioned the insistence by the state on the curfew.

“The big question is, who are you protecting? Let us have fairness and accountability for who you are trying to protect. There have been few security incidents recorded,” she said.

She noted the Lamu economy is being negatively affected by the curfew, and development is slow because of it.

“We only have 12 hours to do our economic operations, yet others in other parts of the country have 24 hours,” she said.

Haki Africa rapid response officer Mathias Shipeta called for citizen arrest for security officers who restrict the movement of Lamu residents after the order suspending the curfew temporarily was issued.

“The same way a police officer can be arrested by the citizens and taken to the police station if caught breaking the law is the same way officers restricting Lamu residents from traveling at night should be arrested by the citizens,” Shipeta said.

Kenya, he said, is a democracy governed by the rule of law.

“If the security agencies do not obey the order suspending the curfew, they might as well refuse to jail someone who has been sentenced to 10 years in prison,” Shipeta said.

INSTANT ANALYSIS

The High Court in Garsen on May 21 temporarily suspended the continued curfew pending the hearing and determination of a petition against the curfew. Justice Jesse Nyaga said suspension of the curfew should be effected particularly but not limited to Holugho border point, Galmagala, Sanagilu, Masalani, Bodehei, Milimani, Baure, Basuba, Mangai, Maralani, Ijara, Hola, Garsen, Kipini, Kiunga, Ishakani/Dar es Salaam border point, among others. The curfew was imposed on July 9, 2017 through Legal Notice no. 107 of 2017, namely the Public Order (Curfew) (Lamu, Garissa and Tana River Counties) Order 2017.