Acting Interior CS Fred Matiangi yesterday warned Nasa leaders and their supporters security agencies will take firm actions should they disrupt the Thursday's repeat presidential election.
Matinagi said
assault and obstruction of public
officers
from
carrying out their lawful duties is a serious criminal offence under the Penal Code.
The CS said any person calling for, actively preventing and engaging in acts that will subvert registered voters from exercising their rights to vote would not only be in breach of various laws but would similarly not be protected by Article 37.
"It is right of every citizen to participate or not participate either as a voter or a candidate in an election. However, it is an offence under the Elections Offences Act to use force or violence
to prevent another person from voting," Matiangi said.
"Public order, National Police Service and National Government Administration
Acts regulate good order in society in a manner that secures the rights of all. These laws have not ben suspended and remain inf full force."
Matiangi said in the few days, the country has witnessed an escalation of political rhetoric , which has led to riots and violence organist innocent Kenyans as well as IEBC officials engaged in preparation for the fresh election.
The CS
said the perpetrators of this violence and riots hide under Article 37 of the constitution.
He said under our constitution, all citizens enjoy equal rights and every citizen exercise their rights on the understanding that doing so does not and will not infringe on the rights of others.
Matiangi said the government has a covenant with citizens to protect them from anyone who threatens their security under the guise of exercising his or her rights.
"Let those using all manner of excuses to intimidate and harass public officers including IEBC officials be warned that the security agents will take firm and decisive actions against them as provided by the law," he said.
Nasa leaders have declared there shall be no elections until reforms are undertaken at the polls commission and will prevent the polls but Matiangi said such actions are unconstitutional and criminal.
Matiangi said it is imperative for them to remember that the constitution, as the supreme law of the country, guides everyone in Kenya.
He said the security sector including the heads of regional and county security and intelligence committees -
mandated with is maintenance of law and order,
-
must be guided by the law.
"All actions, including the conduct of the upcoming presidential election, shall be within the realm of the constitution and the law," Matiangi said.
"We are a democratic country governed by by the rule of law and therefore any threats or actions that are in contravention of the law and lawful orders, including calls to disrupt the fresh presidential election are unlawful and will be dealt with as such."