The National Super Alliance (NASA) working closely with locals of Garissa, Lamu and Tana River counties have taken Education Cabinet Secretary and now acting Interior and Coordination CS Fred Matiang’i to court.
The residents filed a complaint against the curfew order in the three regions issued by Matiang’i days after he was appointed to replace the late minister Joseph Nkaissery.
According to the application, the locals claim that the curfew will affect voting on the August 8, the date for the country’s General Election.
Lawyer Arnold Oginga told the court that if the curfew remains NASA agents and the public would be locked out of the polling and tallying centres.
“The applicant is apprehensive the actions shall compromise the integrity of the forthcoming General Election dated August 8, 2017, and thereby result in infringement of its political rights, as guaranteed in article 38 of the Constitution,” Oginga said in the court papers.
Mr Oginga urged the Justice Erick Ogola to order the lifting of the curfew before the election date highlighting that the curfew did not follow the set procedure hence illegal.
The Inspector General of Police, the National Police Service, and the Independent Electoral and Boundaries Commission have also be sued.
Dr Matiang’I declared a dusk-to-dawn curfew following the constant terrorist attacks in the counties.
In a gazette notice, the no-nonsense CS stated the curfew would be in place for 90 days and cover 15 localities which may be areas harbouring the militants.
“Every person who resides within this Sub-Counties shall except under and in accordance with the terms and conditions of a written permit granted by the respective Deputy County Commissioner of the affected areas, remain indoors in the premises at which they reside or at such premises as may be authorized,” reads the Kenya Gazette Notice no. 107.