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Muslims for Human Rights (MUHURI) & 4 others v Inspector General of Police & 2 others [2014] KEHC 955 (KLR)

[2014] KEHC 955 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
955
Citation
[2014] KEHC 955 (KLR)
Decided
23 December 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPosturePetition for Interlocutory InjunctionCoramEDWARD M. MURIITHI, MARY KASANGO
Holding

The court directed the respondents to develop a revised scheme of curfew administration within 14 days, failing which the curfew order will be extinguished.

Facts

Petitioners sought an injunction to lift a curfew imposed by the Inspector General of Police affecting Lamu County residents, while the main petition seeks declarations regarding the curfew's unconstitutionality.

Issues

  1. Whether to grant an interlocutory injunction to lift the curfew
  2. Whether the petitioners have standing to bring the case

Reasoning

The court considered the expanded standing under Articles 22 and 258 of the Constitution and the need for a prima facie arguable case for the grant of an interlocutory injunction.

Outcome

Interlocutory injunction granted, with a revised scheme to be developed within 14 days or the curfew order will be extinguished.

Orders

  • Develop a revised scheme of curfew administration within 14 days
  • If no revised scheme is developed, the curfew order will be extinguished

Remedies

  • Revised scheme of curfew administration
  • Extinguishment of the curfew order

Authorities cited

Legislation (2)
  • Constitution of Kenya
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
Cases cited (4)
  • Anerita Karimi Njeru v. AG
  • Mombasa High Court Petition No. 7 of 2011, Muslim for Human Rights and 2 Ors v the Attorney General
  • Mombasa High Court Petition No. 47 of 2011 Harun Barky Yator v. Judicial Service Commission
  • Nairobi High Court Petition No. 557 of 2013 Mecha Magaga v Jackson Obiero Magaga
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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