Law Society of Kenya v Attorney General & another [2021] eKLR 12. Eleventh, the Petitioner notes that The Cabinet failed to act in accordance with Article 153 (1) and (4) of The Constitution of Kenya in endorsing and ratifying unlawful and unconstitutional directives made by the National Security Advisory Committee for the use of Section 5 of the Public Order Act to contain, restrict and prohibit public gatherings, meetings and processions in name of combating Covid-19 and containing the weaponization of public gatherings and thereby violated the provisions of Articles 1(3), 2, 10, 19, 20, 21, 24 (2) & (5), 27(1) & (8), 29, 32(1) & (2), 33, 34, 36, 37, 28, 39 (1), 47(1) and (2), 153(4) (a), 244 (c) & (c) and 258 of The Constitution of Kenya. 13. Twelfth, the Petitioner claims that national security cannot be a ground for limiting rights and freedoms under the Bill of Rights as intended by the directives made by the National Security Advisory Committee for the use of Section 5 of the Public Order Act to contain, restrict and prohibit public gatherings, meetings and processions in name of combating Covid-19 and containing the weaponization of public gatherings. 6. In the main, the Petitioner prayed for the following orders: - a. A declaration be and is hereby issued that the directives made by the National Security Advisory Committee on 7th October 202 and Ratified by the Cabinet on 8th October 2020 for the use of section 5 of the Public Order Act Cap 56 of the Laws of Kenya to contain, restrict and prohibit public gatherings, meetings and processions in the name of combating Covid-19 and containing the weaponization of public gatherings are unlawful, unconstitutional and in violation of Articles 1(3), 2, 10,19,20,21,24(2) & (5), 27(1) & (8), 29, 32(1) & (2), 33, 34, 36,37,28, 39(1), 47(1) & (2), 153(4)(a), 244(c) and 258 of the Constitution of Kenya. b. A declaration be and is hereby issued that the directives made by the National Security Advisory Committee on 7th October 202 and Ratified by the Cabinet on 8th October 2020 for the use of section 5 of the Public Order Act Cap 56 of the Laws of Kenya to contain, restrict and prohibit public gatherings, meetings and processions in the name of combating Covid-19 and containing the weaponization of public gatherings have been used discriminatorily and selectively to supress divergent opinions and have been abused by 2nd Respondent. c. A declaration be and is hereby issued that section 5 of Public Order Act Cap 56 of the Laws of Kenya is inconsistent with Article 19, 20, 21, 24(2) & 5), 27(1) & (8), 29, 32(1) & (2), 33, 34, 36,37,28, 39(1) of the Constitution of Kenya so far as it seeks to limit the rights and freedoms of and/or to opinion, expression, association, demonstrate and campaign for political causes and is therefore unconstitutional. d. A declaration be and is hereby issued that the directives made by the National Security Advisory Committee on 7th October 2020 and Ratified by the Cabinet on 8th October 2020 for the use of section 5 of the Public Order Act Cap 56 of the Laws of Kenya to contain, restrict and prohibit public gatherings, meetings and processions in the name of combating Covid-19 and containing the weaponization of public gatherings are unlawful, unconstitutional and in violation of Articles 1(3), 2, 10,19,20,21,24(2) & (5), 27(1) & (8), 29, 32(1) & (2), 33, 34, 36,37,28, 39(1), of the Constitution of Kenya in so far as it seeks to limit the rights and freedoms of and/or to opinion, expression, association, demonstrate and campaign for political causes and are therefore unlawful, unconstitutional and invalid. e. An order of Certiorari be and is hereby issued calling into this Court and quashing the entire directives made by the National Security Committee on 7th October 2020 and ratified by the Cabinet on 8th October 2020, for the use of section 5 of the Public Order act Cap 56 of the laws of Kenya to contain, restrict and prohibit public gatherings, meetings and processions in the name of combating Covid-19 and containing the weaponization of public gatherings. f. An order of prohibition be and is hereby issued restraining the 2nd Respondent acting by himself or any police officer under his command from seeking to license or authorize the holding of public gathering, meetings and processions, banning, disrupting or in any manner whatsoever interfering with peaceful public gatherings, meetings and processions on the strength of the directives made by the National Security Committee on 7th October 2020 and ratified by the Cabinet on 8th October 2020, for the use of section 5 of the Public Order act Cap 56 of the laws of Kenya to contain, restrict and prohibit public gatherings, meetings and processions in the name of combating Covid-19 and containing the weaponization of public gatherings. g. An order of prohibition be and is hereby issued restraining the 2nd Respondent acting by himself or any police officer under his command from seeking to license or authorize the holding of public gathering, meetings and processions, banning, disrupting or in any manner whatsoever interfering with peaceful public gatherings, meetings and processions on the strength of the directives made by the National Security Committee on 7th October 2020 and ratified by the Cabinet on 8th October 2020, for the use of section 5 of http://www.kenyalaw.org - Page 3/34