- The Azimio team said their past meetings had been peaceful and were only disrupted by police.
- On his part, Bungei argued the right to assemble is not absolute even as it is captured in the 2010 Constitution.
Image: FILE
Fresh chaos are expected on Tuesday, May 2 after police in Nairobi termed as illegal and banned a planned protest by the Azimio coalition.
A similar ban will be applied in other parts of the country after police headquarters ordered police commanders there not to allow the same.
This is likely to lead to confrontations and chaos in the areas as the Azimio team insisted they are within the law to stage the protests.
As required in law, Azimio had notified the police of their intentions to picket and named the streets they will march on May 2.
Nairobi police boss Adamson Bungei addressed the media in his office to announce the move to ban the protests.
He said past protests by the team had been violent and chaotic and therefore in as much as they are constitutionally allowed to protest, the Tuesday one will not be allowed.
“The Azimio demonstrations were nothing sort of peaceful as such by this letter we are declining to allow the Azimio team to proceed with the demonstrations and any such demonstration will be dispensed by law enforcement officers,” Bungei said.
He made the remarks after meeting top police officers in the city.
Tens of other officers have been mobilized from other regions as has been in the past in readiness for the confrontation.
Bungei said previous demonstrations in the month of March 2023 conducted by the Azimio team were marred with violence as the demonstrators were armed with machetes, who attacked innocent public who were going by their business.
He said that resulted in the destruction of property, attacks on members of the general public who were not demonstrating, stealing, looting and death of several Kenyans.
But Azimio reckoned the acts were conducted by criminals sent by state agents and that police had failed to provide security as required in law.
The Azimio team said their past meetings had been peaceful and were only disrupted by police.
On his part, Bungei argued the right to assemble is not absolute even as it is captured in the 2010 Constitution.
“It is however noteworthy that the right to assemble is not absolute under the Constitution. The Public Order Act, Section 5a seeks to regulate public meetings and processions by providing for the need to notify the police service.”
“There is also the power of the police service to stop or prevent a public meeting where appropriate and where it is obvious it will not meet the constitutional objectives,” he said.
He argued if the picketers consist of violence to or intimidation of the public then the assembly or the demonstration ought to be stopped.
“Likewise participants in assemblies, picketers, and demonstrators must not be armed. Weapons as well as defensive or protective contraptions which breed or stimulate aggression ought not to be possessed by the demonstrators or picketers.”
The police move was highly anticipated given the past remarks by President William Ruto and his deputy Rigathi Gachagua.
Top government officials have been meeting in the past days to discuss the planned protests and a decision was reached not to allow them.
On the contrary, the move is counterproductive as many avoid going to work and their daily business because of the huge number of police usually deployed on the streets to disperse any meeting.
Ruto has three times in the last two days vowed to use all powers at his disposal to ensure that the planned Azimio protests do not deteriorate into chaos and violence.
Ruto's sentiments follow Azimio la Umoja Coalition’s move to resume protests over what the party's hierarchy has termed as Kenya Kwanza's failure to commit to holding constructive bipartisan talks.
Ruto has thrice said he reached out to Azimio leader Raila Odinga in a bid to find an amicable solution to end the ongoing rift between the opposition and his government.
Despite Ruto's efforts, Raila has seemingly rejected his grand gesture by directing his supporters to take part in the protests.
"I told them all the issues they are raising can be addressed in Parliament if they are genuine. They have refused and now want to go back to the streets.”
“I am the commander-in-chief. You will know this soon and stop these games,” he said.
He first said it in Rongai, Kajiado and Kakamega.
While likening the Azimio protests to economic sabotage, Ruto added that his government's priority lies in bettering the lives of Kenyans and not being at loggerheads with the opposition.
"We finished elections last year and what is remaining is to ensure development.”
“We will protect lives and property,” he said in relation to the protests planned for Tuesday.
Azimio leader Martha Karua faulted Ruto for the remarks.
“Amazing display of ignorance, contempt for the constitution and laws of Kenya,” she said in a tweet.
The protests will be the fourth ones in a series that have occurred in the past three months pushing for talks to address issues affecting Kenyans.
They include high cost of living, electoral malpractices and corruption among others.Ends