Lamu Highway Curfew Standoff

Residents of Lamu and Tana River blocked the Lamu-Garissa highway at Minjila, protesting continued enforcement of a night travel curfew despite a court suspension order.

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The residents said the High Court in Garsen last Thursday issued conservatory orders suspending the curfew pending the hearing and determination of a petition challenging its legality.

However, they alleged that security agencies have continued to enforce roadblocks and restrictions, preventing movement between 6 pm and 7 am.

In the early hours of yesterdays, passenger buses belonging to Tawakal, Buscar and other transport companies travelling to and from Lamu were stopped at roadblocks in Gamba police station and Minjila.

Minjila is a key junction along the Lamu–Garissa highway connecting Lamu, Garissa and Tana River counties.

Angry residents lit bonfires on the road, paralysing transport for several hours and causing a major traffic snarl-up. Some said they would not leave until they were assured that the court order would be respected.

“We are not moving an inch until we see for ourselves that we will be allowed to pass at 7 pm tonight,” one resident said.

Police officers at the scene told residents that while there were plans to implement the court order, security considerations required a gradual approach rather than immediate lifting of the restrictions.

However, even after 7 am, when traffic was eventually allowed to resume, some residents remained at the Gamba police station roadblock insisting the order had not been fully implemented.

“The courts have pronounced themselves, but because we are only Lamu residents we are being oppressed. I don’t know why we are subjected to this,” an elderly resident said, adding that the curfew had lasted nearly 15 years.

The curfew was imposed on July 9, 2017 under Legal Notice No. 107 of 2017, the Public Order (Curfew) (Lamu, Garissa and Tana River Counties) Order, 2017.

The court order issued by Justice Jesse Nyaga temporarily suspended enforcement of the curfew across several areas, including Holugho, Masalani, Bodehei, Milimani, Baure, Basuba, Kiunga, Ishakani/Dar es Salaam border point, Hola, Garsen and Kipini, among others.

Justice Nyaga warned that any disobedience of the order would attract legal consequences.

By the time of going to press, Tana River county commissioner Joseph Wamuti had arrived at Minjila and was engaging the protesters. He urged calm, saying the government required time to implement the order due to sensitive security considerations.

In Mombasa, civil society organisations including Muslims for Human Rights, VOCAL Africa, Haki Africa, She Rises and members of the Bajuni community criticised the continued enforcement of the curfew despite the court ruling.

Muhuri director Khelef Khalifa urged residents to maintain pressure until the order is fully implemented, arguing that the prolonged curfew has harmed the region’s economy and violated constitutional freedoms.

“This is about the 12th year that the curfew is in place. No curfew should last that long because it interferes with the economy. This curfew is illegal,” Khalifa said.

VOCAL Africa executive director Hussein Khalid also accused state agencies of disregarding court orders, warning that such actions undermine the rule of law and set a dangerous precedent.

He cited past incidents where senior security officials had failed to comply with court directives, arguing that accountability must be enforced.

The civil society groups have since written to Interior Cabinet Secretary Kipchumba Murkomen, Inspector General of Police Douglas Kanja and Attorney General Dorcas Oduor, notifying them of their intention to institute contempt of court proceedings over what they term deliberate disobedience of court orders.

They say the continued enforcement of the curfew amounts to contempt of court and a violation of residents’ constitutional rights, including freedom of movement and worship.

The organisations have warned they will seek orders compelling enforcement of the ruling, including possible arrest and jail terms for responsible officials.

The dispute remains unresolved as consultations between security agencies, county officials and residents continue.