Nairobi — The Law Society of Kenya (LSK) has threatened legal action against Nairobi Police boss Adamson Bungei for banning the protests against Finance Bill 2024, despite prior notification.
In a letter addressed to Bungei, LSK indicated that they will initiate court proceedings against Bungei based on the doctrine of command responsibility, holding him personally liable for any harm caused by the police to the protesters.
"We urge you to reconsider your position noting that your actions, which will essentially be unlawful, may also result in violence against innocent citizens by the police and which actions may also result in violent attacks and injuries that can be avoided," LSK stated.
The protests, organized by activists ,was aimed to raise express dissent over the proposed taxation measures in the Finance Bill 2024 which is expected to be tabled in the National Assembly today afternoon.
LSK opposed the Nairobi Police Commander decision emphasizing the constitutional right of citizens to peacefully assemble and protest hinged on Article 37 of the Constitution of Kenya.
"We would like to clarify that Article 37 of the Constitution of Kenya provides for the right to assembly and demonstrate and it has no provision for notice to be given to you nor can you limit anyone's right outside what is provided for under Article 24 of the Constitution," the LSK said.
LSK demanded that the police retract their statement and allow the protests to proceed, emphasizing the importance of the police's role in providing security during the protests rather than restricting them.
The society warned that any attempt to curtail the demonstrations would be unconstitutional and potentially incite violence, leading to unnecessary harm and injuries among citizens.
"Your actions would therefore be construed to amount to suspension of Article 19 and 37 of the Constitution, which actions are unconstitutional. We therefore demand that you retract the statement and allow the protests to go on as planned, restricting yourselves to only providing security to the citizens of Kenya during the protests," the letter read.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Security has been enhanced around Parliament as Nairobi Police boss outlawed the planned demonstrations against the Finance Bill 2024.
Bungei dismissed any plans to hold protests even as the organisers said they had informed the police of their plans as required and are ready for the march.
According to the police boss, nobody applied for a gathering or picketing permit as expected.
He stated that the station instead received a 'faulty' document dated June last year, which doesn't meet the protest permission threshold.
"We will not allow them anywhere near there. Let them stay away," he said.
He added they have mobilized officers to ensure that any gathering is dispersed instantly in the CBD
The Occupy Parliament' protest has been organized by Kenyans who have been mobilizing on various social media platforms under the hashtag 'Reject Finance Bill' to rally up numbers to pressure MPs to shoot down contentious provisions in the Bill.
"We are showing up tomorrow at #OccupyParliament no matter what. It's also important to note that there is no leader for #RejectFinancialBill2024; it's a movement of the people against over-taxation. Nobody, not even Zakayo, can cancel #TokeaTuesday!" read an X message from Boniface Mwangi, one of the organizers.
About The Author
