Courts Allow Azimio’s Three-Day Anti-Government Protests
This week’s planned anti-government protests by the Azimio La Umoja One Kenya party on Wednesday, Thursday, and Friday were not halted by the High Court.
This is in response to a petition filed by Martin Gitau, who sought High Court orders to halt the scheduled three-day protests.
Gitau, who listed Azimio leader Raila Odinga, former President Uhuru Kenyatta, the Orange Democratic Movement party, and the Azimio la Umoja-One Kenya Coalition Party as respondents, asserts, via his attorney Adrian Kamotho Njenga:
Gitau argued, “Unless this honorable court intervenes, the applicant/petitioner fears that the respondents will continue their unlawful course of unlawful and violent protests, to the detriment of the majority of law-abiding citizens who deserve to go about their daily lives without interruption.”
However, Justice L.N. Mugambi declined to issue the orders and instead scheduled a hearing for September 21.
In addition, Justice Mugambi ordered that the application and petition be served within three days.
“Responses to the petition and application must be filed within 10 days,” the court added.
While seeking certification of the matter as urgent and a temporary restraining order against the respondents, the petitioner accused the opposition of neglecting to notify authorities of last week’s protests.
He asserts that on 11 July 2023, the first interested party, in this case, issued a press release informing the public that the alleged demonstrations of 12 July 2023 were illegal primarily because the organizers failed to notify the National Police Service of their intention to carry out the demonstrations, a requirement for police to provide adequate security for demonstrators and the general public.
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And while citing the Constitution’s protection of the right to convene and picket, the petitioner accuses the opposition of using this provision to incite violence, stating:
“…that while Article 37 of the constitution guarantees the right to peacefully and unarmed assemble, demonstrate, picket, and present petitions to public authorities, the respondents have abused said rights and resorted to rioting, hooliganism, vandalism, primitive destruction, and mindless conduct that is inherently incompatible with the enjoyment of fundamental rights and freedoms.”
In the petition submitted on Monday morning, Gitau asserts that previous opposition-led demonstrations resulted in deaths and property devastation and that if this week’s demonstrations are not halted, the country could descend into chaos.
He claims that contrary to the law, the respondents continue to plan, organize, and fund a systematic campaign of violent protests, chaos, devastation, and the deaths of innocent citizens and security officers.
His petition arrives amid a standoff between the government and opposition over this week’s protests, with various stakeholders urging the country’s top leadership to engage in dialogue.
President William Ruto has pledged that he will not permit any additional protests in the country, blaming his predecessor Uhuru Kenyatta and Odinga for orchestrating the mayhem.
Courts Allow Azimio’s Three-Day Anti-Government Protests
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