Law Society of Kenya threatens to sue government over extended Lamu curfew

Nairobi, Kenya: The Law Society of Kenya (LSK) wants the Government to lift the extended Lamu curfew or face legal action.

LSK Chairman Mr. Eric Mutua said that the extended four month curfew is unconstitutional and a violation of the law.

“We (LSK) shall move to court within 14 days and file an appropriate suit on behalf of the people of Lamu to have the action declared illegal,” Mr. Mutua said.

Mr. Mutua said that four months has elapsed since the curfew was imposed hence, the purpose for which, it was meant to serve must have been realized.

The LSK Chairman was addressing the media at the Advocates Lounge at the Milimani Law Courts in Nairobi. LSK Vice Chairperson Ms. Lilian Omondi, CEO Apollo Mboya and Council Member Ms. Jennifer Shamalla were present.

Mr. Mutua said that a preliminary report by a LSK Committee on Mpeketoni attacks points to the fact that there may have been extra judicial killings during security operations in the area.

“The LSK Committee Chaired by Council Member Ms. Jennifer Shamalla established that the dark to dawn curfew imposed in Lamu affects residents,” Mr. Mutua said.

Other members of the Committee are Ms. Grace Okumu, Mr. Godfrey Kitiwa, Mr. Eric Theuri and Mr. Ben Mosota.

The terms of reference of the Committee were to establish whether or not there have been extra judicial killings and human rights violations during the ongoing security operation in Lamu.

The LSK Chairman said that the Committee visited Mpeketoni, Witu and Pandanguo and also interviewed county government officials including Governor Hon. Issa Timmani.

“The curfew in Lamu has grossly affected the social and economic lives of residents who mainly rely of fishing and tourism,” Mr. Mutua said.

The LSK Chairman said that the curfew has also breached the constitutional right to move freely.

“It is now four months since the unfortunate events occurred in Mpeketoni where more than 60 people were killed in cold blood, hundreds injured and property destroyed,” Mr. Mutua said.

The LSK Chairman said that a recent report by the Independent Police Oversight Authority (IPOA) laid blame on the security forces for either negligence or omission in coordination.

“Police and military personnel was deployed in the area to quell the attacks and violence and are still operating in the area,” Mr. Mutua said.

Mr. Mutua said that LSK formed a Committee on Mpeketoni following complaints and allegations of extra-judicial killings.

“The Committee will tour the area again within two weeks to collect further and better particulars on the said acts (extra-judicial killings and gross human rights),”Mr. Mutua said.