Law Society of Kenya (LSK) president Nelson Havi has
strongly condemned the brutality of police in enforcing the 7pm-5am curfew
saying Interior CS Fred Matiang’i should resign.
Through a statement, Havi stated that the CS should take
responsibility having contravened Article 10 of the Constitution.
The LSK president argued that the penalty for not adhering
to a curfew is a fine of nor more than Sh1000 or imprisonment for not more than
three months.
“We condemn the actions of the individual police officers who have assaulted suspects. The Cabinet Secretary for Interior and Coordination of National Government who was declared to have contravened Article 10 of the Constitution should take personal responsibility and resign.
“The penalty for contravening a curfew is a fine of not more
than Ksh 1,000 or imprisonment for not more than 3 months, or to both,” he
said.
Adding: “The National Police Service has no right or
justification whatsoever substituting the penalty with corporal punishment.
Their action amounts to aggravated assault.”
On Friday, several videos of police assaulting Kenyans who
failed to comply with President Uhuru Kenyatta’s directive were shared online.
In Mombasa, police used batons and whips on innocent Kenyans
way before the curfew started and Havi has now asked all Kenyans who underwent
any form of brutality to document their incidences and forward them to LSK.
“Members of the public are requested to document all
incidences of aggravated assault by the police and forward the same to the Law
Society of Kenya.
“We will take action against the said officers and or their
superiors in charge of the commands where the offenses are being committed,” he
said.
Further, LSK will move to court on Monday to challenge the
curfew, which it terms as unconstitutional.
The body argued that the recent occurrences will only spread COVID-19 in the name of instilling terror on those who have contravened the curfew.
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