Court Issues Unexpected Ruling on Raila’s Protests

The High Court has declined to stop the anti-government protests planned by the Azimio La Umoja One Kenya party on Wednesday, Thursday and Friday this week.

This follows a petition filed by one M artin Gitau who was seeking orders from the High Court to stop the planned three-day protests.

Through his lawyer Adrian Kamotho Njenga, Gitau who listed Azimio leader Raila Odinga, former President Uhuru Kenyatta, the Orange Democratic Movement party, and Azimio la Umoja-One Kenya Coalition Party as respondents says:

“That unless this honourable court intervenes, the applicant/petitioner is apprehensive that the respondents herein shall proceed in their unlawful course of unlawful and violent protests, to the detriment of the majority of law-abiding citizens who deserve to carry on with their daily activities without disruptions,” Gitau submitted.

Justice L.N Mugambi however declined to issue the orders and instead set the case for mentioning on September 21.Justice Mugambi further directed that the application and petition be served within the next three days.

“Responses to the petition and the application be filed within 10 days,” added the court.

While seeking the matter be certified as urgent, and seeking a temporary order to restrain the respondents, the petitioner accused the opposition of failing to issue notification to the authorities in last week’s protests.

He says that on 11th July, 2023, the 1st interested party herein, issued a press statement notifying that the purported demonstrations of 12th july, 2023 were illegal principally because the planners had failed to notify the National Police Service of their intention to carry out the said demonstrations, a prerequisite to enable police provide adequate security to demonstrators and the public.

And while pointing out freedom to assemble and picket as enshrined in the Constitution, the petitioner accuses the opposition of abusing the Constitutional provision to cause violence, saying:

“…that whereas Article 37 of the constitution secures the right to, peaceably and unarmed, assemble, demonstrate, picket, and to present petitions to public authorities, the respondents have abused the said rights and resorted to rioting, hooliganism, vandalism, primitive destruction and mindless conduct that is inherently incompatible with the overall enjoyment of fundamental rights and freedom.”

In the petition filed on Monday morning, Gitau adds that previous opposition-led protests caused deaths, property destruction and if this week’s protests are not stopped, the country risks plunging into chaos.

He says that contrary to the law, the respondents continue to mastermind, orchestrate and sponsor a systemic campaign of violent protests, chaos, destruction and death of innocent citizens as well as security officers.

His petition comes amid government-opposition standoff over this week’s protests, with calls from different stakeholders calling on the country’s top leadership to dialogue.

President William Ruto has vowed he will not allow more protests in the country, blaming his predecessor Uhuru Kenyatta and Odinga of orchestrating the chaos.