High Court suspends long-running Lamu night curfew
Running from 6 p.m. to 7 a.m., the curfew banned night travel for all passenger buses and matatus, which were only allowed to operate during the daytime.
The High Court has suspended a 12-year-old curfew in Lamu that restricted movement across the county during night hours.
The curfew was first imposed in 2017 by then Acting Interior Cabinet Secretary Fred Matiang’i following a series of Al-Shabaab attacks. At the time, the government said the measure was necessary to restore order and enhance security. Police erected roadblocks at night, preventing vehicles from entering or leaving Lamu until daybreak.
Running from 6 p.m. to 7 a.m., the curfew banned night travel for all passenger buses and matatus, which were only allowed to operate during the daytime.
Four years ago, the ban on night travel for cargo transporters was partially lifted. However, restrictions on private and public vehicles remained in place due to what the government described as ongoing security concerns, particularly along the Boni Forest corridor.
The case challenging the curfew was filed by several Lamu community groups with support from the human rights organisations including Muslims for Human Rights (MUHURI).
High Court Judge Jesse Nyagah, sitting at the Garsen High Court on Friday, May 22, issued orders suspending the curfew and all travel restrictions in the affected areas until the case is fully heard and determined.
“Pending the hearing of the instant application inter partes, a conservatory order be and is hereby issued suspending the continued enforcement of any curfew and/or night travel restrictions in Lamu County,” the judge ruled.
The orders also apply to the areas of Hulugho border point, Galmagala, Sangilu, Masalani, Bodehei, Milimani, Baure and Basuba. Other affected areas include Mangai, Maralani, Ijara, Hola, Garsen, Kipini, Kiunga and the Ishakani/Dar-es-Salaam border point.
The judge warned that any party disobeying the order would be liable for contempt of court, an offence punishable by up to six months in prison.
MUHURI Director Khelef Khalifa said the restrictions had outlived their purpose arguing that the curfew had severely affected Lamu’s economy, freedom of movement and the daily lives of residents.
“While the government originally said the curfew would apply across the entire Boni Forest region, including Tana River and Garissa counties, interestingly only Lamu has endured it for all these years,” he said.