The High Court in Nairobi has refused to stop the countrywide anti-government street demonstrations being spearheaded by Raila Odinga and his Azimio la Umoja brigade.
In rejecting the case filed by former Nairobi Governor Mike Sonko, the court ruled that the constitution and relevant laws offered clarity on how demos and picketing should be done.
In her ruling, Justice Hedwig Ong’udi said the onus was on the leaders of such public protests to notify police bosses in areas where they intend to start and end their assembly.
Justice Ong’udi, however, ruled that it is illegal for protesters to carry any weapon and any other item that are meant to cause harm and that police officers should arrest such persons.
She further clarified that the High Court had no powers to order the Cabinet Secretary for Interior and National Administration and the police on how to execute their mandates.
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“It is not for this court not to direct the police on who to arrest and not to arrest; there are regulations on public meetings and processions. No one is allowed to attend the processions and the regulating officers must be notified about the meeting. Enforcement of these falls in the docket of the police officers,” said Justice Ong’udi in her ruling.
She went on, “Therefore, the court will not be setting new regulations that are not within its docket. The court cannot direct the police to do its work. I do find the order sought is not merited,” said Justice Ong’udi.
The judge allowed the former Nairobi County Governor to amend his court petition to include Raila’s fresh declaration of anti-government demos on every Monday and Thursday.
Sonko had challenged Raila’s declaration of March 20, 2022 a public holiday but amended his case seeking to bar Azimio la Umoja supporters protesting on Mondays and Thursdays.
Justice Ong’udi ordered him to serve Azimio la Umoja One Kenya coalition leaders with the court papers before reappearing before her court on April 3, 2023, to set the hearing date.
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