- Raila has maintained that the mass protests will be peaceful and devoid of any bloodshed.
- The police have, however, said they will hear none of it and warned that no one will be allowed to take part in the mass demonstrations on Monday or Thursday.
Image: THE STAR
A debate has arisen over the legitimacy of police ban on mass protests by the Azimio la Umoja One Kenya with opinions divided on who is wrong or right.
In calling for mass action, Azimio leader Raila Odinga has said he is exercising his right as granted by Article 37 of the Constitution which gives room for demonstrations.
"Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket and to present petitions to public authorities," the Constitution states.
Article 38 follows it up by stating that every citizen is free to make political choices which include forming or participating in forming a political party, participating in activities of, or recruiting members for a political party or campaigning for a political party or cause.
Raila has maintained that the mass protests will be peaceful and devoid of any bloodshed.
The police have, however, said they will hear none of it and warned that no one will be allowed to take part in the mass demonstrations on Monday or Thursday.
Inspector General of Police Japhet Koome on Sunday said anyone found attempting to partake in the demos will be dealt with firmly by the law.
He said they have a responsibility to ensure that law and order are maintained.
"If you are armed with offensive weapons, unatoka kwa estates tunakuona uko na nia ya kuleta vurugu, tutakuhudumia huko kwa estates, na tuko tayari jameni," Koome said.
"hakuna ambaye ati ataruhusiwa kuja kwa city centre ati aharibu mali (No one will be allowed in the city centre to destroy property)," he said.
Azimio leaders have faulted the IG and referred him to Article 37 which they say guarantees the freedom to demonstrate and present petitions.
They also pointed him to Article 244 of the Constitution which outlines the functions of the National Police Service.
It states: "The National Police Service shall strive for the highest standards of professionalism and discipline among its members, prevent corruption and promote and practice transparency and accountability (and) comply with Constitution standards of human rights and fundamental freedoms."
The law also requires the NPS to train its officers to the highest possible standards of competence and integrity and to respect human rights fundamental freedoms and dignity.
On Sunday, Interior CS Kithure Kindiki issued a statement saying the government is mulling over the idea of presenting a bill in Parliament that will introduce new guidelines on demonstrations.
He said this will be done pursuant to the Public Order Act and the Statutory Instruments Act.
The law will indicate which areas demonstrations can be held, consent from persons whose property may be destroyed during demos, limit the number of demonstrators and hold organisers responsible for clean-up costs and damages.
But as it stands, the law permits the Interior CS powers to prevent malicious destruction of property by demonstrators exercising their right to picket as stated by Article 37 of the Constitution.
He or she may do this by declaring areas of interest as protected and bar any unauthorised entry.
CAP 204 of the Protected Areas Act provides that security agencies shall prevent unauthorised access to all protected areas.
"If, as respects any area, place or premises, it appears to the Minister to be necessary or expedient in the interests of public safety and public order that special precautions should be taken to prevent the entry of unauthorised persons, he may, by order published in the Gazette, declare such area, place or premises to be a protected area for this Act."
It further says that so long as the order is in force, no person shall be allowed entry into the protected area without the permission of the prescribed authority.
"If any person is in a protected area in contravention of this Act, or, being lawfully in a protected area, fails to comply with any direction given under this Act, then, without prejudice to any proceedings which may be taken against him, he may be removed from the area by any police officer or any person authorised in that behalf by the prescribed authority," the law says.