The Law Society of Kenya (LSK) has threatened to take legal action against Nairobi Regional Police Commander Adamson Bungei after he announced that the ‘Occupy Parliament protests in Nairobi Sentral Business District would not be allowed.
In a statement on Tuesday, June 18, LSK President Faith Odhiambo said the Kenyan constitution provides for the right to demonstrate and the police have no right to limit anyone’s right.
“We would like to clarify that Article 37 of the Constitution of Kenya provides for the right to assembly and demonstrate and it has no provision for notice to be given to you nor can you limit anyone’s right outside what is provided for under Article 24 of the Constitution.
“Article 19(3) further guarantees these rights and fundamental freedoms. Your actions would therefore be construed to amount to suspension of Articles 19 and 37 of the Constitution, which actions are unconstitutional,” read the statement in part.
Odhiambo demanded that Bungei retract the statement suspending the protests and allow the anti-finance bill 2024 protests to go on.The LSK President warned Bungei that he would face a legal suit if the police continued to disregard the request.
“Kindly note that should you proceed to disregard our request, we will initiate court proceedings against you based on the doctrine of command responsibility and proceed to seek orders holding you personally liable for harm caused by the police to the protesters,” Odhiambo warned.
Bungei on Tuesday morning dismissed the protests in Nairobi saying it was illegal. He mentioned that no one had applied for a gathering or picketing permit as expected.
“The notification they left at Central is dated June 17, 2023. It is faulty. We can’t allow them. No demonstration. Kenyans should be allowed to do their business and those with grievances should direct them where they know well,” Bungei stated.
Meanwhile, security has been beefed up outside the Parliament buildings ahead of the tabling of the Finance Bill 2024 in the National Assembly.
The police have also apprehended some of the protesters and took them into custody.
