UNCONSTITUTIONAL ORDER?

Stop double standards in applying public order law , Kalonzo tells state

Former Vice President said the law is not in line with the current constitution and is destined to flop before the courts.

In Summary
  • Kalonzo said the courts will rule the order unconstitutional.
  • Added that Msambweni by-elections is not a two-horse race.
Wiper leader Kalonzo Musyoka.
WIPER BOSS: Wiper leader Kalonzo Musyoka.
Image: FILE:

Wiper leader Kalonzo Musyoka has decried what he terms selective application of the Public Order Act, saying the law should apply to everyone equally.

Speaking at Wiper House on Tuesday, the former Vice President said the law is not in line with the current Constitution and is destined to flop before the courts.

The Public Order Act, famed as Cap56, gives the police express powers to outlaw any public meetings and processions.

 
 
 
 

The law defines a public meeting as any that is held in a public place which more than 50 persons are to be permitted to attend. Persons attending unlawful gatherings risk one-year jail term.

Following the National Security Advisory Council directive invoking the Act, no person shall hold a public meeting without notifying the police at least three days prior.

On Tuesday, Kalonzo noted that the law is not in line with the letter and spirit of the current Constitution and is bound to fail.

He noted Kenyans should be treated equally and that the law should not be used to settle political scores.

“On the face of it, if it is taken to a court of law it will probably be deemed unconstitutional,” Kalonzo said.

“Looks to me that advisory is targeting people campaigning ahead of time. If it is applied selectively then it is illegal because law must serve people equally.”

It is the same order that was used last week to block Deputy President William Ruto’s meetings in Nyamira and Mumias East.

 
 
 
 

The Wiper boss also laughed off the ongoing framing of Msambweni by-elections to appear like a contest between Deputy President William Ruto and ODM leader Raila Odinga.

Kalonzo said the duo should be ready for a political shock at the polls. Speaking when he unveiled party candidate for the Msambweni seat Mohamud Abdulrakman at the Wiper House, Kalonzo said the party is prepared to turn the tide in the December 15 poll.

He dismissed as misleading framing that the contest will be a battle between Ruto and Raila.

"We don't doubt his popularity in Msambweni. We have no doubt that we have the right candidate," Kalonzo said.

"We must tell these framers, we have a serious candidate and we will defeat both of them. They are in for a shock."

Wiper also unveiled candidates for Wundanyi Mbale ward in Taita Taveta county and Kahawa Wendani in Kiambu county.

Kalonzo last month dismissed allegations that Msambweni is an ODM stronghold. He said since Jubilee doesn't have a candidate they can combine forces to get victory.

"We are in competition with ODM and because our colleagues have no one, I suggest to them to assist us," he said.

Kalonzo said Wiper will soon conquer the Coast region and lock out ODM.

Edited by Henry Makori