Muhuri director Khelef Khalifa and Bajuni community elders at the Muhuri Legal Aid Clinic on Friday / BRIAN OTIENO

Lamu’s Bajuni community leader Omar Sharif at the Muhuri Legal Aid Clinic on Friday / BRIAN OTIENO

Human rights activists and Bajuni community leaders from Lamu want Interior CS Kipchumba Murkomen and Inspector General of Police Douglas Kanja to be jailed for allegedly disobeying court orders suspending night-travel restrictions on the Malindi-Lamu highway.

The activists, led by Muslims for Human Rights (Muhuri), said the two should be held accountable for continuing to enforce the restrictions despite a court order directing their suspension.

On Thursday, the High Court in Garsen dismissed the state’s preliminary objection challenging its jurisdiction and an application seeking to set aside conservatory orders issued on May 21 by Justice Jesse Nyagham.

The orders suspended the enforcement of curfews and night-travel restrictions in Lamu county under Legal Notice No 107 of 2017.

Speaking outside the Mombasa law courts, Bajuni community leader Omar Sharif questioned why the restrictions remained in force along the highway.

“The court ordered that the road be opened. But because we are in a dictator government, the road was not opened,” he said.

Sharif said residents had a constitutional right to freedom of movement and urged the government to respect court orders.

Muhuri director Khelef Khalifa said the restrictions had disrupted residents’ lives and that previous legal efforts to have them lifted had failed to resolve the matter.

He said the organisation, through its lawyers, had asked the court to require Murkomen and Kanja to appear in person in contempt proceedings.

“If established, such conduct amounts to defiance of lawful court orders and must attract the appropriate legal consequences,” Khalifa said.

He challenged the government’s reliance on security concerns to justify restricting movement while promoting a proposed Sh2.2 trillion Dangote refinery investment in Lamu.

“It is unconscionable for the government to welcome a proposed refinery investment valued at Sh2.2 trillion in Lamu county while residents continue to face dusk-to-dawn travel restrictions purportedly justified by security concerns,” he said.

Khalifa argued that development could not be separated from respect for human rights and constitutional freedoms. He also urged President William Ruto to hold the two officials accountable.

He further complained that security personnel stopped vehicles on the highway, inspected luggage, including women’s bags and demanded national identity cards, describing the practice as harassment.

Haki Kenya executive director Michael Nato said the restrictions had hurt Lamu’s trade, transport and tourism sectors, which are central to the county’s economy.

Nato said the Public Order Act allows the Interior CS to impose a curfew where there are justifiable grounds, but argued residents had not seen evidence of a threat that warranted the continued restrictions.

“If there is no threat to such a huge investment, then there is no threat to the people of Lamu,” he said.

The activists urged residents to continue demanding accountability and urged the government to ensure that security measures comply with the Constitution and court orders.