Law Society of Kenya v Attorney General & another [2021] eKLR 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 h. A conservatory Order be and is hereby issued suspending 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, pending the hearing an determination of this Petition. i. A conservatory Order be and is hereby issued restraining the 2nd Respondent acting by himself any police officer under his command from seeking licence or authorise the holding of public gatherings, meetings and processions, banning, disrupting or in any manner whatsoever interfering with peaceful 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. j. A conservatory Order be and is hereby issued restraining the 2nd Respondent acting by himself any police officer under his command from seeking licence or authorise the holding of public gatherings, meetings and processions, banning, disrupting or in any manner whatsoever interfering with peaceful gatherings, meetings and processions of The Law Society of Kenya its branches and Chambers as well as Members, on the strength of the directives made by 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. k. Any other relief the Honourable Court deems appropriate, just and fit to grant. l. The Costs of this Petition be provided for. 7. The Petitioner has delineated two issues in its written submissions. They are the existence and powers of the NSAC and the constitutionality of Section 5 of the Order Act. 8. On the existence and powers of the NSAC, the Petitioner submits that the Respondents did not demonstrate in their Affidavits where the NSAC derives power of existence and to direct the 2nd Respondent in the enforcement of The Public Health (Covid-19 Restrictions of Movement of Persons and Related Measures) Rules, 2020, the Public Order Act and the National Cohesion and Integration Act No 12 of 2008. It is submitted that Article 240 of the Constitution establishes the National Security Council with supervisory control over national security organs and performance of any other functions prescribed by national legislation. That, the National Security Council reports to Parliament annually on the state of the security of Kenya. 9. The Petitioner avers that a perusal Constitution and Statutes does not disclose the establishment and existence of an entity called NSAC. It is non-existent. A non-existent body cannot exercise any administrative power in the manner sought through the directives made by the NSAC on 7th October, 2020 and ratified by the Cabinet on 8th October, 2020 for the use of Section 5 of the Order Act to contain, restrict and prohibit public gatherings, meetings and processions in the name of combating Covid-19 and containing the weaponization of public gatherings. 10. The position in law on the issue, the Petitioner submitted, is stated in Administrative Law, Sir William Wade, 10th Edn as follows: The rule of law has a number of different meanings and corollaries. Its primary meaning is that everything must be done according to law. Applied to the powers of government, this requires that every government authority which does some act which would otherwise be a wrong...must be able to justify its action as authorised by law-and in nearly every case this will mean authorised directly or indirectly by Act of Parliament. Every act of governmental power" i.e. every act which affects the legal rights, duties or liberties of any person, must be shown to have a strictly legal pedigree. [Emphasis added] 11. The Petitioner posits that even if the existence of the NSAC were to be justified for whatever reason, it does not have power to make the directives of a penal nature or to direct enforcement of those directives for several reasons. First, Section 5(11) of the http://www.kenyalaw.org - Page 4/34