RULING
A. INTRODUCTION
[1] The present application is predicated upon Petition of Appeal No. 5 (E007) of 2021 which is dated 3rd August 2020 and filed on 30th March 2021. This was following a Ruling of the Court delivered on 24th March 2021 extending time for filing of the Appeal.
[2] The Applicant has moved this Court vide Notice of Motion dated 12th July 2021 and filed on 14th July 2021. The same is filed pursuant to Section 24 (1) of the Supreme Court Act No. 7 of 2011, Rule 31 of the Supreme Court Rules, 2020 and other enabling provisions of the law and seeks conservatory orders restraining the Respondents from declaring, publishing and enforcing curfew order pursuant to Section 8 of the Public Order Act as well as costs of the application.
B. BACKGROUND
[3] The genesis of this matter is the imposition of the curfew that followed the heinous terrorist attack on Garissa University on 2nd April, 2015, that resulted in the killing of at least 148 Kenyans and injuring scores more. Thereaft…