High Court lifts ban on Nasa's anti-IEBC demos in city centres

The High Court has temporarily lifted government ban on anti-IEBC demos in the central business districts of Nairobi, Mombasa and Kisumu.

The suspension follows a case filed by National Super Alliance Chief Executive Officer Norman Magaya.

ARREST

The court on Tuesday said the suspension would be in effect until Mr Magaya’s case is heard and determined.

At the same time, Justice John Mativo blocked the arrest and prosecution of Mr Magaya over the demos until his case is determined.

Judge Mativo issued the temporary orders on Tuesday after Mr Magaya's lawyer appeared before him.

The Nasa CEO moved to court on Monday seeking to stop his arrest and the ban on protests against the Independent Electoral and Boundaries Commission (IEBC).

He sued Inspector-General of Police Joseph Boinnet, Director of Public Prosecutions Keriako Tobiko and acting Interior Cabinet Secretary Fred Matiang'i.

THE ORDER

Last week, Dr Matiang'i said Mr Magaya would be held responsible for destruction of property during anti-IEBC protests.

"Pending the hearing and determination of the present case, a conservatory order is issued herein staying and quashing implementation on the directive by Dr Matiang'i whose effect is the arrest of Mr Magaya for discharging his lawful activities," said the judge.

In the suit documents, Mr Magaya has faulted the police for engaging in discriminatory killings in areas considered to be Nasa strongholds.

He argues that protestors have a right to demonstrate and that Dr Matiang’i’s decision to hold him responsible for damages caused during protests against IEBC is discriminatory.