NAIROBI, Kenya Apr 2 – Seasoned lawyer John Khaminwa has written to Chief Justice Martha Koome seeking the apex court’s advisory regarding the Azimio La Umoja One Kenya coalition anti-government protests.
In his letter, Khaminwa wants Koome to pronounce herself on whether any limitations should be given while exercising the constitutional right of “assembly, demonstration, picketing and petition” as enshrined in Article 37.
“The current political malaise in the country is worrying and should be attended to urgently so that chaos is avoided and the normal life resumes and of course, the supremacy of the Constitution continues to prevail,” he said.
Interior Cabinet Secretary Kithure Kindiki on March 29, 2023, banned the Azimio protests citing they had degenerated into being violent.
Consequently, he disclosed that he had forwarded 10 regulations to Parliament that touch on the provision of the demonstrations as contained in the Public Order Act.
The coalition led by Raila Odinga has however since defied the order and vowed to proceed with the protests. The brigade is due to hold the “mother of all protests” on Monday.
It is this uncertainty that lawyer Khaminwa now wants Koome to make clear on ten issues that he has raised including under which circumstances can the right to demonstrate be invoked.
Khaminwa has equally posed the question of whether there is a clear distinction between freedom of assembly and freedom of association.
What does the term assembly mean, can the state interfere with the right to freedom of assembly, who should take punitive steps to ensure the full and free exercise of the right to assembly, and are there any limitations under the right are also some of the issues Khaminwa wants to be addressed.
Others include: in the event of exercise of the rights under Article 37 individuals or individuals suffer financial losses, who should be responsible for the damages, and finally what is the role and powers of the police under Article 37 of the Constitution?
“I submit respectfully it is only the Supreme Court that can save the Country and let us avoid technicalities in the interpretation of the Constitution and the law,” he said.