Fresh round of major showdown between anti-government protesters and the police is expected to play out on Tuesday during the planned mass protests in Nairobi even as Nairobi Police Commander Adamson Bungei has termed the demonstrations illegal.
Although the opposition’s Azimio One Kenya Coalition led by Raila Odinga had notified the police of the scheduled protests to avail security coordination to the picketers, they, however, indicated the notice should not be misconstrued as permission seeking attempt since picketing is provided for in the constitution.
Bungei’s terse statement barring persmission to the opposition to hold protests comes two days after president William Ruto invoked his Commander-In-Chief (CIC) title daring the opposition to go to the streets and warned the government will not tolerate any form of disruption or destruction.
Addressing the media today at his office, Bungei, acknowledging a letter sent to his office by Azimio said while the constitution allows every citizen to peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities, that right is not absolute.
He said the last protests were marred with violence with demonstrators turning up while armed hence the decision to ban it.
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.” said.
He made the remarks after meeting top police officers in the city.
Tens of other officers have been mobilised 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.
“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.” Bungei added.
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.” He said.
During the last month’s round of protests by the opposition, the Raila team accused police of brutality targeting unarmed demonstrators, members press and politicians.
Raila claimed there was an attempt to his life in Embakasi where he reported the matter at at Kware Police Post.
Further, they have since petitioned the International Criminal Court (ICC) accusing Inspector General of Police Japhet Koome of excessive use of force on unarmed civilians.
Koome has since termed the claims as political.
