Nairobi — Opposition Leader Raila Odinga has promised to ensure an orderly protest into the capital on Tuesday saying demonstrators will keep off business premises.
While responding to a ban on protests withing Nairobi's Central Business District following concerns over chaotic processions in the past, Odinga said Azimio supporters will not vandalize businesses.
He said Azimio will seek to present petitions at Anniversary Towers; the electoral commission's headquarters, Harambee House and the National Treasury.
"We assure [President] Ruto that there will be no destruction of people's property during our peaceful protests tomorrow. There are no businesses along the streets we are intending to hold our demonstrations tomorrow," Odinga said.
He faulted a public order decree by Nairobi Police Chief Adamson Bungei, who outlawed the planned protest,as retrogressive.
"Our peaceful demonstrations are on tomorrow, the 2nd of May 2023 as scheduled. We shall resist any attempts to take Kenya back to dictatorship," he said.
Raila went on to say that the only time property was destroyed during their protests was when the police broke into their matches and destroyed items belonging Kenyatta family in the Northlands and Spectre firm.
He claimed that this is evidence that the police have not acted against these crimes.
Odinga refuted Bungei's claims linking Azimio supporters to destruction of property in the past saying incidents of chaos were sponsored by rivals.
Raila: Rigathi to blame for chaos
He accused Deputy President Rigathi Gachagua of assembling rowdy youth to loot during Azimio-led protests so as to paint the coalition in bad light.
"We repeat that the only violence and destruction of property that have taken place during our activities are when police invade into our marches and when Gachagua hired goons were sent to invade the Kenyatta family and the Spectre international property," Odinga claimed.
He faulted the police over inaction following attacks on businesses owned by the Kenyatta's and his family.
"It is instructive that to date nobody has been arrested by the same police over the invasion and the state cannot purport to ban political activities in the name of protecting public property while they are sponsoring the destruction of the same in other corner of the country."
Odinga's plan to resume rallies and protests has thrown planned bipartisan talks proposed by President William Ruto into disarray with the ruling coalition insisting that Azimio puts protests on hold for dialogue to proceed.
Odinga has contested the reconstitution of the electoral commission which Ruto has said will only happen under the framework of the law as established through Parliament.
Further dwindling the prospects for bi-partisan talks in Parliament is Odinga's insistence on an extra-parliamentary process akin to the 2007/08 mediation talks led by former UN Secretary-General, the late Kofi Annan, who midwifed a political deal that got former President Mwai Kibaki to share power with Odinga who had disputed election results.
Undemocratic tendencies
President Ruto maintained his stance on Monday terming anti-government protests led by Odinga as undemocratic.
Speaking during the Labour Day celebrations at Nairobi's Uhuru Gardens, the Head of State reiterated that there is no room for opposition leaders in government even as proposed parliamentary-led bi-partisan talks appear to have hit a dead end.
He pointed out that his administration respects the rights and freedoms of every Kenyan and appreciates the role of the Opposition to keep the government in check but warned that he will not allow the protests to degenerate into anarchy.
"We also know what democracy looks like, what human rights are. It is nothing to do with violence, anarchy or destruction of property, livelihoods and destruction of people's businesses. That is not democracy, that is not human rights," Ruto said.
The Head of State said that it was wrong for any individual to destroy the livelihood of another in the pretext of fighting for democracy.
President Ruto maintained that he will execute his role of protecting the lives and property of Kenyans as he issued a warning shot to the Azimio coalition against causing chaos or destruction of property.
He added that Kenya is a democratic country and that his administration "wants the best for everybody."
The Head of State further advised Odinga to address his concerns through peaceful means under the proposed parliamentary bi-partisan process.
Ruto's statement came hours Deputy Inspector General of Police (Administration) Noor Gabow declared planned Azimio protests unlawful.
Public order decree
Gabow cited recent Azimio protests which he argues have been "symptomatic of unacceptable trend of criminal incidents including wanton destruction of property, arson, robbery, looting, injuries to Officers, and even death of a Police Officer."
He warned that the government will not allow any form of demos in the country arguing that it poses a grave threat to national security.
"In the interest of national security, we wish to notify the public that the planned demonstration or assembly is unlawful and affirm our earlier unequivocal statements condemning violent protests and the public attacks on Law Enforcement Officers on duty," Gabow said in a statement he issued on behalf of the Inspector General of Police Japhet Koome.
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He pointed out that the Constitution of Kenya, 2010 under Article 37 stipulates that every person has the right, peaceably and unarmed, to assemble, demonstrate, picket, and present petitions to public authorities.
The Public Order Management Act, 2012 regulates public gatherings by prohibiting offensive weapons at public meetings and processions hence the move to ban the Azimio demos.
The DIG stated that since the beginning of Azimio protests in 2022, security officers have responded with "utmost restraint despite the provocation by the illegal protestors against Police."
"We wish to reiterate our responsibility to maintain law and order; and enforce the law without fear or favor, strictly complying with the rule of law and respect for human rights," he said.
Gabow made the statement a day after Nairobi County police boss Adamson Bungei announced that no protests will be allowed in the capital city.
Bungei cited previous violence, deaths, and destruction of property during protests as the reason for declining the Raila Odinga-led coalition's request to stage protests on May 2.
