ICJ condemns excessive use of force in Azimio demos

Lobby further urges opposition to develop credible plan to address their issues

In Summary
  • The commission also said that the Inspector General of police Japheth Koome should exercise independent control of the police and should not yield to demands by politicians to favour them.
  • It said that the combination of threats against the media outlets giving live coverage, the attack of the journalists by marauding goons, police
Azimio supporters run for safety as police throw teargas on Monday.
Azimio supporters run for safety as police throw teargas on Monday.
Image: ENOS TECHE

The International Commission of Jurist Kenyan chapter has warned that the country is on a slippery slope that could claw back the constitutional gains amid the ongoing Azimio protests.

ICJ said the police response to the protests and counter-protests that happened on Monday was a stark reminder of the partisan attitude of the cops in the 2007-08 electoral cycle whose outcome was a deadly conflict.

It said that the combination of threats against the media outlets giving live coverage, the attack of the journalists by marauding goons, police partisan posture, ethnic profiling and hard-lining political rhetoric was the perfect mix that led to mass killings of people in 2007-08.

As a body of jurists, we are concerned that the protests are becoming a basis for continued clawing back against our constitutional and legal imperatives, violation, and derogation of the fundamental rights and freedoms entrenched in our Constitution of Kenya, 2010,” it said on Wednesday.

The lobby’s council led by its chairman Protus Saende cautioned that it was time for politicians to step back from the brink and be sober in dealing with national issues without putting the country at risk.

It has also called on the international community to be vigilant on the police’s use of excessive force and the government’s attempt to curtail the freedoms that are recognised in international legal instruments.

Further, it also calls for all-inclusive dialogue between Azimio leader Raila Odinga and President William Ruto but that it must involve members of the civil society, the religious outfits and other actors that could address the major issues affecting the country.

The lobby said that the police need to allow safe passage of the Azimio protestors to exercise their rights and at the same time allow those engaging in their activities to carry on unhindered.

Further, the commission also said that the Inspector General of police Japheth Koome should exercise independent control of the police and should not yield to demands by politicians to favour them in deploying and giving orders to the police.

We wish to remind the Inspector General of Police of his mandate under Article 245 of the Constitution of Kenya and the National Police Service Act to exercise independent command of the National Police Service and duty to all Kenyans under the “Utumishi Kwa Wote” banner and, therefore, cannot be seen and perceived as partisan in restoring law and order in the country.

ICJ said that the opposition outfit should tone down its rhetoric and develop a credible plan for addressing some of the issues it is raising.

It should also call on its supporters to maintain peace.

“[Azimio should] promote the spirit of unity within the country and call on other political factions aligned to the coalition to desist from utterances that could fuel insurgency. [It should also] organise people-centered protests with clear route plans and security measures for the safety and well-being of all parties to the protest.

Meaningfully articulate the social and economic electoral justice concerns and provide options to address the high cost of living, unemployment, inequality and poverty.

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