Nairobi — The opposition Azimio Coalition has dismissed a public order decree forbidding protests in the capital vowing to proceed with its planned demonstration in Nairobi's Central Business District on Tuesday.
Narc Kenya Party Leader Martha Karua fired the first salvo against police authorities on Sunday saying the opposition does not need permission from the police in order to hold demonstrations.
"Media has a responsibility to inform correctly, we do not require permission from the police or anybody else to hold demonstrations. That's the law," Karua said lashing out at the press for reporting a pronouncement on the matter by Nairobi Police Chief Adamson Bungei.
"Bungei and the Kenya Police Service and Inspector General of Police ought to know this, Kenya is a constitutional democracy and not a dictatorship," she added.
House Minority Leader Opiyo Wandayi voiced similar sentiments saying the demonstration will continue as scheduled unless disrupted by the police.
Speaking on Sunday during a church service in Imara Daima, Wandayi said Azimio will never ask for permission from the police to hold protests citing guarantees under Article 37 of the Constitution (2010).
The constitutional provision protects the right to carry out peaceful protests.
"No one will ever ask for permission from the police to hold demonstration, under the new Constitution. Wedo not need permission from anyone," he said.
Wandayi further said that it is the responsibility of the police to provide security and protect property.
"It is the duty of the police to offer security to those who will be demonstrating, use the instruments properly to protect citizens," he stated.
Wandayi said Azimio would only stop the demonstrations if their demands are addressed by the government.
"If you want us to stop the demonstrations, do what we asked, it is important as Kenyans to realize that what we are currently doing is for the benefit of the people," Wandayi said.
No absolute right
While announcing the decision to reject Azimio's notification for a demonstration, Bungei cited previous violence, deaths, and destruction of property during protests by the Raila Odinga-led coalition.
Bungei confirmed that he received a notification of Azimio's intention to conduct public demonstrations within Nairobi County, but said that whereas Article 37 of Kenya's Constitution (2010) allows every citizen the right to peacefully assemble, demonstrate, and picket, "the right to assemble is not absolute under the Constitution."
"The Azimio demonstrations were nothing but peaceful as such by this letter we are declining to allow the Azimio team the go ahead to proceed with the demonstrations and any such demonstration will be dispensed by law enforcement officers," he said in a letter read out to the press on Sunday.
He asserted that Section 5 of the Public Order Act seeks to regulate public meetings and processions by providing for the need to notify the Police Service and also the power of the Police Service to stop or prevent a public meeting where appropriate and where it is obvious it will not meet the constitutional objectives.
Bungei added that the same law also prohibits the possession of "offensive weapons" in public meetings and processions noting that demonstrators, picketers and petition-presenters must do so "peaceably and unarmed".
Bungei asserted the exclusion of violent demonstrations from the protection of the law.
"If they consist of violence to or intimidation of the public then the assembly or the demonstration ought to be stopped," he said.
His announcement came a day after President William Ruto issued a warning against any form of lawlessness or destruction of property by supporters of the Azimio Coalition during the demos.
Ruto warns Azimio
Speaking onSaturday during the launch of the construction of the Malava-Kimang'eti-Ikoli road in Kakamega County, the Head of State reiterated that the government will not hesitate to safeguard the lives and property of all Kenyans.
Ruto further stated that he had urged Odinga to pursue peaceful means to address any grievances through the proposed bi-partisan parliamentary process, but the Opposition Chief has opted to stage demonstrations instead.
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"For the avoidance of doubt, there will be no demonstrations to destroy people's property, to cause chaos, to stop people from going to work, or our children from going to school. That will not happen," he said.
"The Government of Kenya will stand firm to ensure that every Kenyan and their business and their children are secure."
The President asked the Azimio coalition to desist from frustrating the government and await the next general election noting that Odinga is using demonstrations to advance his own selfish interest.
The Head of State called on Odinga to follow the law if he has any issues against him or his administration instead of causing chaos.
"Respect the institutions created by the Constitution," Ruto stated.
"If you have issues with the servers go to court and go to any other institutions, forget about disturbing ordinary people," he added.
President Ruto called on Odinga to give him ample time to serve Kenyans just like he did during the 'handshake' with former President Uhuru Kenyatta.
