It’s a Robust Petition, Advocate Morris Kimuli hails LSK Curfew Petition

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Lsk Kenya want curfew delayed to 10 pm

The Dignified Advocate Morris Kimuli has lauded the LSK curfew petition which is sponsored by the law society of Kenya, saying it’s a robust and well thought out petition.

Through his social media account, kimuli wrote, “I read with great satisfaction the pleadings filed in court by the LSK, relating to the Corona curfew imposed by the government.

It’s a robust petition, whose scope went beyond a mechanical challenge of the indefinite night curfew that took effect on 27th March 2020.

For me, the greatest achievement of that petition is calling the government to attention, and demanding, on behalf of all of us, a clear, reasonable, determinate, empirical and auditable government response to the Corona pandemic.

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The LSK is also seeking classification of legal services as essential services. The petition further seeks to address the closure of courts. That trajectory kills two birds with one stone. It addresses the question of access to justice and also the all-important bread-and-butter concerns of the legal fraternity.

With respect to the curfew, the LSK is asking the government to justify the extreme measure; to demonstrate what the curfew intends to achieve and to show, as required by the Constitution, that the objectives cannot be achieved any other way. Blow by blow, the Petition points out how the curfew directive is lacking in legal hygiene. In other words, the LSK suggests that the government failed to use sanitizers in implementing the curfew.

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Through this petition, the LSK has effectively shone a spotlight on the matters the government should or should have addressed.

Under normal circumstances, and due to the multiplicity of issues it seeks to address, the omnibus petition would be considered overkill. But in these extraordinary times, a lot does not necessarily mean too much.

What do I expect the government to do? Rather than engaging in this court battle, the government should seize the opportunity to right the wrongs. Period. The Attorney-General ought to advise the government appropriately on this. He is the principal adviser to the government. Not a spanner boy or a court jester. He is employed to serve in the interest of the public, not to offer palliative care to a government that just won’t do the right thing.

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The Attorney-General needs deep introspection before responding to this petition. Otherwise, something tells me that through this petition, the LSK will demonstrate that the “King is naked”.

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