Dear Hon. Chief Justice David Maraga,
Access to Justice during the COVID-19 Pandemic
Greetings from the Kenyan Section of the International Commission of Jurists (ICJ Kenya).
ICJ Kenya would like to see your indulgence as Chief Justice and President of the Supreme Court on some pertinent issues of human rights concern on access to justice during this difficult time for our Republic, and the world at large. Following the Presidential address on 25th March 2020, on 26th March 2020, the Cabinet Secretary for Interior and Co-ordination of National Government vide Kenya Gazette Supplement No. 30 under Legal Notice 36 gazetted a state curfew restricting movement between 7:00 pm and 5:00 am daily.
In response to the Corona Virus Disease (hereinafter COVID-19) threat, the President of Kenya announced a series of measures with a view of curbing the spread of COVID-19 in the country. Among these measures are the mandatory quarantining of travellers to Kenya, social distancing policies, closure of schools, places of worship, restaurants and bars, banning of social events, among others. These measures have been given the force of law through a number of statutory instruments made under the Public Health Act by the Cabinet Secretary for Health.
The Judiciary also announced measures to mitigate the spread of COVID-19, including limiting the courts to handling only urgent cases, such as aking pleas for serious cases and bail applications being granted to persons to ensure the non-congestion of our detention facilities. Further on 25th March 2020, the Inspector General instructed all police officers to afford reasonable bail terms to petty offenders to ensure that police detention facilities were not crowded.
ICJ Kenya applauds the Government, particularly the President, the Ministry of Health and the Judiciary for the proactive and timely measures taken to protect the lives and health of the people of Kenya. The steps taken are necessary to curb the spreading pandemic.
However, ICJ Kenya is concerned about the potential for the abuse of basic human rights, particularly those of the poor and marginalised, in light of these measures. In particular, ICJ Kenya notes with concern the potential and actual impact on the the rights to a fair and speedy trial, and the right to freedom from cruel, inhuman and degrading treatment and punishment. We wish to bring to the attention of the Honourable Chief Justice the following concerns:
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