Activists protest ban on public gatherings

The civil society has accused Inspector-General of Police David Kimaiyo of violating the Constitution by banning public gatherings and demonstrations.

National Civil Society Congress president Morris Odhiambo on Sunday said Mr Kimaiyo was violating the rights of Kenyans, and vowed to take up the matter with the Independent Policing Oversight Commission (Ipoa).

Banned groupings

The police chief last week banned all “illegal groupings” around the Supreme Court and public gatherings until a petition challenging the presidential poll results is heard and determined.

“The move is aimed at ensuring that we do not elicit unnecessary emotions, or generate apprehension or even tension,” he said.

But the rights activists have taken issue with the directive, saying it was tantamount to declaring a state of emergency.

“The Inspector-General cannot arbitrarily issue a blanket ban and we are saying that these purported directives violate the Constitution, which guarantees peaceful assembly and picketing,” said Mr Odhiambo in Nairobi.

“It is not the duty of the IG to regulate access to the court. The ability of the public to access the court is a key component of a free and fair judicial process.”
He said the top court had made arrangements to facilitate public access during the hearing of the petition.

Mr Odhiambo said they would write to Ipoa and the Constitution Implementation Commission for advisory opinion on the legality of Mr Kimaiyo’s actions.

He accused the IG of high-handedness, saying threats of war, invasion, disorder or disaster— all of which are circumstances that could warrant such bans— had not been demonstrated.

“This is like taking us back to the old days of suppression. Such actions are careless and could plunge this country into chaos,” he added.