The anti-government demos planned by Raila Odinga’s Azimio La Umoja Coalition for Wednesday, Thursday and Friday will proceed after the High Court refused to bar them.
The prayers had been sought by petitioner Martin Gitau who wanted the High Court to issue orders barring the three-day protests planned for the rest of this week.
Gitau listed former President Uhuru Kenyatta, Raila, his Orange Democratic Movement (ODM) party, and his Azimio La Umoja-One Kenya Coalition Party as petition respondents.
Through his lawyer Adrian Kamotho Njenga, the petitioner argues that the demonstrations are illegal and violent and, if allowed to proceed, will disrupt other people’s daily activities.
“That unless this honourable court intervenes, the applicant/petitioner is apprehensive that the respondents herein shall proceed in their unlawful course of unlawful and violent protests, to the detriment of the majority of law-abiding citizens who deserve to carry on with their daily activities without disruptions,” said Gitau in the petition.
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However, Justice Lawrence Mugambi, while declining to issue the orders that were sought, as a matter of urgency, instead set the mention date for Gitau’s petition for September 21.
Justice Mugambi ordered the petition be served on the respondents within three days and he responses by filed with the court within 10 days.
Gitau had sought a temporary order barring those he listed as respondents, accusing them of not notifying the police prior of their demonstrations that were carried out last week.
He argues that Raila on July, 11 announced his planned demos via a media brief instead of notifying police to enable them to provide sufficient security to protesters and the public.
In the petition filed on Monday, he accuses the opposition of violating the Constitutionally enshrined right to picket peaceably and freedom to assemble to instead cause violence.
Gitau adds that the past demos spearheaded by the opposition resulted in deaths, destruction of property and this week’s protests risk plunging the country into chaos.
“That whereas Article 37 of the constitution secures the right to, peaceably and unarmed, assemble, demonstrate, picket, and to present petitions to public authorities, the respondents have abused the said rights and resorted to rioting, hooliganism, vandalism, primitive destruction and mindless conduct that is inherently incompatible with the overall enjoyment of fundamental rights and freedom,” he added in the petition.
This comes as President William Ruto and Interior CS Kithure Kindiki are adamant the government will not allow demos but Azimio insist it will go ahead amid calls for dialogue.
