Why election violence is not inevitable

Two events in the past week give me hope that our country can saunter across the charged election season and emerge unscathed.

The first one is the manner in which the Orange Democratic Movement handled the Elizabeth Ongoro eruption when, armed with a gang of slogan-chanting goons, she raided Orange House, Nairobi, and punished Executive Director Oduor Ong’wen.

The party responded to her intransigence by meting out what is perhaps the most severe punishment anyone has suffered in the multi-party era: A Sh1 million fine, and barring her from running for the Ruaraka parliamentary seat on the party’s ticket.

What is exciting about this is the party’s demonstration of zero-tolerance on violence.

If this can be extended to the national stage we will be assured of a peaceful poll and post-election bliss.

ARMED TO THE TEETH

The other good pointer comes from a totally different corner: The preparedness by police for trouble in the Busia County ODM nominations.

You may have seen it on television: The police, armed to the teeth, milling among, besides and behind the crowd at Busia Agricultural Training Centre during the lengthy wait for results.

As tension mounted over the insistence by Funyula MP Paul Otuoma’s team that their rival, Governor Sospeter Ojaamong, was conspiring with poll officials to stuff ballot boxes, the police were strategically positioned to stop chaos.

This will be essential as we approach the August 8 General Election. Some NGO-types will probably argue that wananchi have a right to assemble and express themselves without interference from the police.

But this has been addressed not just by the Constitution itself, but also by judges, who have ruled that the right to assemble and protest is not absolute.

FUNDAMENTAL FREEDOMS

The guiding constitutional reference for the police is in Article 24: Limitation of Rights and Fundamental Freedoms.

Sub-section (d) provides for “the need to ensure that the enjoyment of the rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others and (e) the relation between the rights, its purpose and whether there are less restrictive means to achieve the purpose.

The freedom of assembly, association and protest are not absolute rights.

The Judiciary has confirmed that maintenance of law and order is the cornerstone of the enjoyment of universal rights and fundamental freedoms.

PROTEST MARCH

In December 2015, a group calling itself Team Courage, organised a protest march to State House.

They delivered a notice to the Officer Commanding Police Division (OCPD), Kilimani, telling him of their plan to march through Gate A to present a petition to the President, requiring him to act decisively on corruption.

The OCPD wrote on the notice: “March to State House Gate A not allowed.” No reason was given. The group sued, arguing that their right to assemble and demonstrate is granted by the Constitution.

Judge Isaac Lenaola agreed, except on choice of venue. He ruled that because the Public Order Act has designated State House as a protected area, demonstrations could not be allowed.

PROTESTS ERUPT

One thing we can expect is that where election-related protests erupt, they will not be well-planned like what Team Courage, their poor choice of venue notwithstanding, attempted to do.

But we don’t want to wait until our country begins to burn to do something. All of us have a role to play.

As for the police, arm yourselves with more than just batons and guns: Anticipate every flare-up and quell it.

More importantly, make use of your training that emphasises neutrality so that every honest observer can testify that your responses apply to everyone equally, without regard to political affiliation or the prominence of those involved.

This way, the 2017 electoral season will be a time of great harvest for Kenya.

Mr Kiraithe is the Government Spokesman