A group of Lamu residents and human rights activists have demanded the implementation of a court order suspending the nighttime travel ban that has been in place in the county for the last nine years.
Last Thursday, the High Court in Garsen, Tana River County, suspended the continued enforcement of the curfew, delivering a reprieve to residents who had challenged its legality.
On Tuesday, buses, lorries and other vehicles plying the Lamu-Witu-Garsen route blocked Minjila Junction as motorists protested the continued 6pm to 7am travel restrictions.
“We will block the road until the police assure us of a return of night travels. We’re tired of these unnecessary disturbances we’re subjected to by our security agencies. Why are they denying us from travelling at night? We won’t allow that,” said Mr Mohamed Omar, a driver.
Vehicles parked and blocking the road at Minjila Junction on the Lamu-Mombasa Highway on May 26, 2026.
Photo credit: Pool
In some sections of Minjila Junction, commuters barricaded the road and burnt tyres. Vehicles travelling to or from Lamu, Garsen, Garissa, Malindi and Mombasa were stuck at the blockade for hours, with no way to go around it.
“I am from Malindi and headed to Lamu to drop off passengers. I arrived at Minjila at around 7am. It’s now 11.30am. I’ve been waiting here to see whether the road will be cleared in vain,” said Mr Joseph Kahindi, a driver.
Mr Mohamed Skanda, an activist, said officers stationed at the Gamba-Garsen Police Station have defied the High Court order lifting the curfew. This is unacceptable and a direct assault on the Constitution, the rule of law and the authority of the Judiciary of Kenya, he added.
Mr Skanda described the move as a direct contempt of court and an abuse of power under the guise of security operations.
“As citizens of Lamu, we strongly condemn this blatant disregard for judicial authority. No officer, regardless of rank or uniform, is above the law. Court orders are not suggestions. They’re binding directives that must be obeyed fully and immediately,” said Mr Skanda.
By noon, hundreds of passengers were still stranded at Minjila as vehicles continued to block the road and no vehicle was allowed to cross to either side.
The court orders followed a petition filed by 24 residents and activists, who argued that the curfew imposed in 2017 was only authorised for 90 days and was never lawfully extended despite continued enforcement through roadblocks and night patrols.
Vehicles parked and blocking the road at Minjila Junction on the Lamu-Mombasa Highway on May 26, 2026.
Photo credit: Pool
The petitioners said the restrictions had crippled livelihoods, limited freedom of movement and exposed residents to arbitrary searches without a clear legal basis or public justification. The court issued the conservatory orders pending the hearing and determination of the petition filed on April 8.
The order covers areas in Lamu and parts of neighbouring Tana River County, including Holugho border point, Galmagala, Sanagilu, Masalani, Bodehei, Milimani, Baure, Basuba, Mangai, Maralani, Ijara, Hola, Garsen, Kipini, Kiunga and the Ishakani/Dar es Salaam border point.
The petitioners argued that although the curfew was initially justified following insecurity incidents linked to al-Shabaab, it legally expired in October 2017 after the lapse of the 90 days provided under Legal Notice No. 107 of 2017.
“No fresh gazette notice has ever been issued to extend or reimpose the restrictions, rendering the continued enforcement illegal,” they stated.
Among those who filed the petition are Beach Management Unit Chairman Bubakar Mohamed Twalib, Bajuni Community patron Omar Shariff Ali, Council of Imams and Preachers of Kenya Lamu Organising Secretary Mohamed Abdulqadir, Vocal Africa executive director Hussein Khalid, as well as Khelef Khalifa and Francis Auma of Muslims for Human Rights.
The petition names the Ministry of Interior, the Inspector General of Police, the National Police Service, the Kenya National Commission on Human Rights and the Attorney General as respondents. Tana River County, Lamu County, Kilifi County, Katiba Institute and the Independent Medico Legal Unit were listed as interested parties.
The residents said the prolonged restrictions had severely disrupted the local economy, particularly fishing, trade and tourism, which largely depend on night operations and movement. They also argued that the restrictions had affected access to emergency healthcare services and interfered with Islamic burial rites that require prompt interment.
“The said restrictions are enforced through police roadblocks, checkpoints, patrols and denial of passage accompanied by body and property searches without informing the applicants of the purpose,” the court documents state.
Vehicles parked and blocking the road at Minjila Junction on the Lamu-Mombasa Highway on May 26, 2026.
Photo credit: Pool
The residents further accused the State of acting beyond its legal powers, arguing that the continued restrictions lack statutory backing. They also faulted the government for failing to involve the public or provide justification for the prolonged measures.
“The respondents are yet to furnish the residents with reasons why the curfew is being implemented without their participation, input and the necessary regulatory approvals,” the petition states.
The petitioners further claimed that Lamu had been unfairly singled out despite other counties facing similar or greater security threats.
“The decision to extend the curfew to Lamu County only is discriminatory, whereas counties highly vulnerable to insecurity have not faced similar restrictions,” they argue.
The applicants sought conservatory orders to immediately suspend the curfew and all related night travel restrictions pending the hearing and determination of the case.
The petitioners argued that the State would suffer no prejudice if the orders were granted, insisting that the case raises weighty constitutional issues. They warned that unless the court intervenes urgently, the continued enforcement would lead to ongoing violations of rights and freedoms.
