By Issa Hussein - Reporter
Kenya, 23 May 2026 - The High Court in Garsen has suspended the long-running night curfew and travel restrictions imposed in Lamu, Garissa and Tana River counties, setting the stage for a major legal battle over a security order that has been in force for nearly nine years.
Justice J.N. Nyagah issued conservatory orders halting the enforcement of the Public Order (Curfew) (Lamu, Garissa and Tana River Counties) Order, 2017 pending the hearing and determination of a petition challenging its legality.
The ruling, delivered on May 21, temporarily lifts restrictions that have barred night travel in several areas across the three counties since July 9, 2017.
The petition was filed by Beach Management Unit chairman Bubakar Mohamed Twalib, Bajun Community patron Omar Shariffali and 22 others against Interior Cabinet Secretary, the Inspector General of Police and seven other respondents.
Areas affected by the suspension include Holugho, Galmagala, Sanagilu, Masalani, Bodehei, Milimani, Baure, Basuba, Mangai, Maralani, Ijara, Hola, Garsen, Kipini, Kiunga and the Ishakani-Dar-es-Salaam border point.
Justice Nyagah directed that the suspension remains in force pending the inter partes hearing of the application filed on April 8, 2026.
“The conservatory orders shall remain in effect pending the hearing and determination of the application,” the judge ruled.
The court also warned that any person served with the order who disobeys it risks contempt proceedings punishable by up to six months in prison or attachment of property.
The curfew was introduced by the government in 2017 following a wave of insecurity linked to Al-Shabaab attacks and recurring inter-clan conflicts in parts of Lamu, Garissa and Tana River.
Authorities argued that the restrictions were necessary to curb terror-related activities, protect civilians and stabilise volatile border and coastal areas.
Over the years, however, residents, traders and civil society groups have complained that the prolonged curfew crippled businesses, disrupted transport and fishing activities, slowed tourism and restricted freedom of movement.
Reacting to the ruling, the Lamu Youth Assembly described the court decision as a “landmark ruling” that restores hope and economic opportunities for residents.
“For years, the night travel restriction significantly affected the social and economic fabric of our county,” the Assembly said in a statement.
“The ban disrupted trade and transport, slowed business operations, affected tourism activities, limited movement of goods and people, and negatively impacted livelihoods, especially among youth, fishermen, traders, transport operators, and small-scale entrepreneurs.”
The youth group said the suspension would help revive commerce, tourism and investment in the region while safeguarding constitutional freedoms.
“This decision signals a new chapter for Lamu — one of renewed growth, resilience and opportunity,” the statement added.
The case, filed as HCCHRPET/E003/2026, is expected to proceed to a full hearing on a date to be set by the court.
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