Rights activists Francis Auma Khelef Khalifa and Walid
Sketty at the Gamba police station in Tana River count on Friday /BRIAN OTIENO
Muhuri director Khelef Khalifa [holding phone] and Lamu
residents at the Muhuri Legal Aid Clinic in Mombasa on Sunday /BRIAN OTIENO
Muhuri director Khelef Khalifa [C] and Lamu
residents at the Muhuri Legal Aid Clinic in Mombasa on Sunday /BRIAN OTIENO
Rights activists Walid Sketty, Khelef Khalifa and
Francis Auma at the High Court in Garsen, Tana River county, on Friday /BRIAN
OTIENODespite a High Court order temporarily suspending the curfew in Lamu, Garissa and Tana River counties, residents say the directive has not been fully implemented on the ground.
The curfew, which was imposed in July 2017 under the Public Order (Curfew) (Lamu, Garissa and Tana River Counties) Order, continues to be enforced in parts of Lamu, according to residents and human rights groups.
Muslims for Human Rights (Muhuri), which challenged the curfew in court, said it would take legal action against police commanders for failing to comply with the ruling.
Muhuri director Khelef Khalifa said the curfew was imposed unlawfully and has remained in place for more than a decade despite residents complying with it.
The conservatory order issued by Justice Jesse Nyaga of the High Court in Garsen suspended enforcement of any curfew or night travel restrictions in the affected counties pending determination of the case.
The order specifically covers multiple towns and border points, including Holugho, Ijara, Garsen, Kipini, Kiunga and Ishakani.
Justice Nyaga warned that disobedience of the court order would attract contempt of court charges, punishable by imprisonment or asset attachment.
However, Muhuri officials said enforcement agencies, including police and Kenya Defence Forces (KDF) personnel, have continued restricting movement at roadblocks.
Khalifa said the court order was physically served at Gamba police station and at a roadblock manned by security officers, but compliance has remained partial.
He accused security personnel of continuing to harass travellers before the early morning hours, despite being served with the ruling.
Khalifa also questioned the role of the military in civilian traffic control, arguing that it amounts to overreach.
“If al Shabaab are in Boni Forest, why are civilians being harassed on the main road instead of focusing on security operations in the forest?” he posed.
Khalifa further argued that permanent roadblocks and curfews have contributed to economic stagnation in the region rather than improved security.
“These roadblocks are not temporary, as required by law. They have become permanent, yet they continue to cripple the economy of Lamu, Tana River and Garissa,” he said.
Lamu fisherman and farmer Badi Somo said the curfew had severely disrupted livelihoods by limiting the movement of goods to markets.
“For too long, the night travel ban crippled our economy and our way of life,” he said, adding that the region has effectively been reduced to a “10-hour economy”.
Human rights groups, including She Rises and Haki Africa, welcomed the court decision, saying it restores faith in the Judiciary and reinforces the rule of law.
She Rises executive director Salma Hemed said the curfew had also affected access to healthcare, citing cases of pregnant women being unable to reach hospitals at night due to travel restrictions.
Community leaders in Lamu described the ruling as a step towards ending long-standing marginalisation, but insisted that real change depends on government compliance.
“This is a path to freedom,” Hassan Albeity said.
Muhuri and other rights groups have urged authorities to fully implement the court order and restore freedom of movement while balancing security concerns.
