MP and his ilk are wrong to reject Lamu curfew
What you need to know:
- Mr David Kimaiyo imposed on Lamu County the night curfew in exercise of powers given to him by Article 246 (2) of the Constitution, sections 8 of the Public Order Act, Chapter 56 of the Laws of Kenya and section 14 of the Police Act, Chapter 84 of the Laws of Kenya, a day after seven people were killed near Witu when the bus in which they were travelling at 7pm was attacked by terrorists.
- The Inspector-General needs the political support of the President, Deputy President and the Opposition in enforcing the Constitution and the laws of the land.
Politicians who are ignorant of the provisions of Article 2 of the Constitution should read it and stop the irresponsible habit of politicising law enforcement. That article, which asserts the supremacy of the Constitution, binds all persons and also State organs at both levels — national and county.
Mr Adan Duale, Lamu County politicians and others who called upon Lamu County citizens to disobey the night curfew imposed by the Inspector General of Police on July 19 have committed the offence created by section 96 of the Penal Code and should be charged with the offence of inciting people to disobey the law.
Section 96 of the Penal Code makes it an offence for any person to cause words to be published or any cause to be done indicating or implying that it is or might be right to do any act doing of which is calculated:
EXERCISING POWERS
(a) to bring death or physical injury to any person or any class or community or body of persons; or
(b) to lead to the damage or destruction of any class of people or,
(c) to prevent or defeat by violence or by unlawful means the execution or enforcement of written law or to lead to defiance or disobedience of any such law is guilty of an offence and is liable to imprisonment for a term not exceeding five years.
Mr David Kimaiyo imposed on Lamu County the night curfew in exercise of powers given to him by Article 246 (2) of the Constitution, sections 8 of the Public Order Act, Chapter 56 of the Laws of Kenya and section 14 of the Police Act, Chapter 84 of the Laws of Kenya, a day after seven people were killed near Witu when the bus in which they were travelling at 7pm was attacked by terrorists.
AIDING AND ABETTING
Article 246(2) of the Constitution provides that the Inspector General shall exercise independent command over the National Police Service and perform any other functions prescribed by national legislation.
The national legislation includes the Public Order Act and Police Act. Section 8 of the former gives him power to impose curfews whilst section 14 of the Police Act provides that the police shall be employed in Kenya for the maintenance of law and order, the preservation of peace, the protection of life and property, the prevention of crime, the apprehension of offenders and enforcement of all laws and regulation with which it is charged.
The Inspector General needs the political support of the President, Deputy President and the Opposition in enforcing the Constitution and the laws of the land.
'CHARACTER FLAW'
Duale has a serious character defect that makes him unfit to hold the high office he holds today. He is endangering State security by his irresponsible behaviour.
His call for Lamu residents to disregard of the curfew is callous and irresponsible.
Even if that is not what he and those who made similar calls for disobedience of the curfew intended, the effect is to support the ongoing lawlessness in Lamu County perpetrated by terrorists.
They are aiding and abetting it. They are calling for the destruction of the State in the name of exercising the freedoms of worship and of speech. Such freedoms can only be exercised in a State governed by the rule of law.
Mr Kuria is a senior constitutional lawyer
