The High Court has ruled that directives issued by the government through the National Security Advisory Committee on October 7 last year and ratified by the Cabinet are unconstitutional.
Justice Antony Mrima ruled that the directives that restricted and prohibited public gatherings and meetings in the name of combating Covid-19 are unlawful and a violation of the Constitution for directing the law enforcement officers on how to discharge their duties.
"An order of certiorari be and is hereby issued calling into this court and quashing the entire directives made by the National Security Committee on October 7 and ratified by Cabinet on October 8 for the use of section 5 of the public order act cap 56 of the law to contain, restrict and prohibit public gatherings meetings and processions in the name of combating Covid-19 and weaponizing of public gatherings " the order reads.
Justice Mrima has further barred the Inspector General or any police officer from taking directives from the National Security Advisory Committee directing them on how they should carry out their constitutional duties.
However, the court did not declare Section 5 of the order as unconstitutional.
In the case, LSK moved to court last year challenging the directives issued by the state to contain the pandemic.
Edited by CM