Law Society of Kenya v Attorney General & another [2021] eKLR 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 is questioned. 3. Second, the directives by the National Security Advisory Committee are assailed as a culmination of decisions enumerated between 15th March, 2020 and 8th October, 2020 discriminatorily and selectively enforced and implemented by the 2nd Respondent ostensibly, to combat the spread of Covid -19 but the effect of which is to limit rights and freedoms of Kenyans under the Bill of Rights contrary to The Constitution of Kenya. 4. Third, the 1st and 2nd Respondents are accused of resorting to the misuse of Section 5 of the Public Order Act to limit the People of Kenya's rights and fundamental freedoms under the Bill of Rights and in particular, to suppress divergent opinions, curtail freedom of expression, limit and restrict freedom of association in what is clearly a political clampdown on freedoms and liberties of the People of Kenya. 5. Fourth, it is the Petitioner's lamentation that Section 5 of the Public Order Act abrogates and limits the rights and freedoms of and/or to an opinion, expression, freedom of the media, association, assemble, demonstrate and campaign for a political cause by preconditioning the exercise of those rights and freedoms to the issuance of notice of exercise of the rights and freedoms to a police officer who is empowered by the Section to refuse permission for the exercise of any of such right or freedom simply on the ground that "it is not possible to hold a meeting or procession" without ascribing any or good reasons for the refusal or affording one fair administrative action on the matter as required by Article 47 of The Constitution of Kenya. 6. Fifth, the Petitioner pleads that Section 5 of the Public Order Act abrogates and limits the rights and freedoms of and/or to an opinion, expression, freedom of the media, association, assemble, demonstrate and campaign for a political cause by empowering a police officer to disperse a peaceful meeting or procession in the exercise of those rights and freedoms. 7. Sixth, it is contended by the Petitioner that the duty of the Police in general and the 1st and 2nd Respondents in particular, in so far as the exercise of the rights and freedoms of and/or to an opinion, expression, freedom of the media, association, assemble, demonstrate and campaign for a political cause is concerned should be limited to maintaining law and order whilst complying with constitutional standards of human rights and fundamental freedoms as demanded of the National Police Service by Article 244 (c) of The Constitution of Kenya. 8. Seventh, the Petitioner posits that the National Police Service Act No IIA of 2011 enacted subsequent to the promulgation of The Constitution of Kenya contains general functions set out in PART VIl thereof which are sufficient to enable the National Police Service maintain law and order in the People's exercise of the rights and freedoms of and/or to an opinion, expression, freedom of the media, association, assemble, demonstrate and campaign for a political cause without resort to the evidently unconstitutional and retrogressive colonial relics in the provisions of Section 5 of the Public Order Act. 9. Eighth, the Petitioner asserts that the entire Section 5 of the Public Order Act is inconsistent with The Constitution of Kenya, is void to the extent of the inconsistency in so far as it seeks to limit the rights and freedoms of and/or to opinion, expression, association, assemble, demonstrate and campaign for a political cause contrary to Articles 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. 10. Ninth, the Petitioner states that any acts or omissions on the part of the 1st and 2nd Respondents in the enforcement and implementation of 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 as enumerated hereinabove including the refusal of permission to exercise the rights and freedoms of and/ or to opinion, expression, association, assemble, demonstrate and campaign for a political cause or disruption of meetings and processions in the exercise of such rights and freedoms is invalid and amounts to a contravention of The Constitution of Kenya. 11. Tenth, the Petitioner underscores that there is established under Section 15 of the National Cohesion and Integration Act No 12 of 2008, the National Cohesion and Integration Commission which is mandated with the roles of investigations for purposes of prosecution of offences enumerated in the said Act, including hate speech. The National Security Advisory Committee cannot arrogate to itself the powers of the National Cohesion and Integration Commission as it has, as doing so contravenes Article 10 of The Constitution of Kenya on the rule of law, good governance, integrity, transparency and accountability. http://www.kenyalaw.org - Page 2/34