Justice Isaac Lenaola lifts gag order on Cord

Cord leaders have been spared the burden of shouldering personal responsibilities in the event of chaos during the Saba Saba rally held on Monday at Uhuru Park.

Justice Isaac Lenaola granted the coalition a 24-hour reprieve by suspending the consent order in which former Prime Minister Raila Odinga, former Vice President Kalonzo Musyoka and Bungoma Senator Moses Wetangula were ordered not to call for mass action during the rally.

“Having heard the urgency of the application by the coalition and the replies by the respondents, I grant a stay of execution of the consent order as captured in Order Two and Order Four pending the hearing and determination of the application,” ruled the judge.

FILED AN APPEAL

According to the consent entered before Justice Lenaola on Friday, Mr Odinga, Mr Musyoka, Mr Wetangula and any member of their parties were restrained from calling for mass action during rallies.

In case the Cord co-principals called for mass action leading to chaos, they would be personally held liable for the consequences.

However, Nairobi Senator Mike Gidion Mbuvi Sonko immediately filed an appeal to reinstate the orders, arguing that the High Court made a mistake in suspending them.

“Someone must take responsibility for their actions. We are seeking the Court of Appeal’s intervention to reinstate the orders so that Cord leaders be held accountable for the utterances they make during the rallies,” said Mr Mbuvi.

Mr Mbuvi moved to court last week and got the orders restraining the Cord leaders from calling for mass action. The orders were issued through a consent entered by his lawyers and those representing Cord.

He argued that the contents of speeches and demands being issued at the rallies could only be discussed through duly constituted institutions and that inciting citizens to abandon their work and stage mass action was a violation of the Constitution.

He submitted that the alleged incitement and hate speech uttered at the rallies was creating ethnic tension, which had resulted into loss of life, destruction of property and eviction of communities from some places.

Cord then filed an application to set aside the orders, arguing that they imposed limitations on their leaders’ enjoyment of the right to assemble, demonstrate and freedom of speech.

ORDER AND PEACE

“The consent orders were unconstitutional since they shift the burden of maintaining order and peace to Cord leaders instead of the police,” said lawyer Anthony Oluoch.

Justice Lenaola directed the Attorney General and Mr Mbuvi’s lawyers to respond to the application ahead of Tuesday’s hearing.