The Law Society of Kenya (LSK) on Tuesday, June 18, 2024, condemned police interference with the ongoing peaceful protest outside parliament buildings.
In a statement, LSK accused the Nairobi Region Police Commander Adamson Bungei of instructing officers under his command to disturb the peaceful protests organised by Kenyans over the Finance Bill 2024.
LSK through its president Faith Odhiambo further stated that the cancellation of the peaceful protest by the police is unconstitutional.
“We have seen your press statement today in which you claim to cancel the planned protests restricting citizens’ right to protest peacefully and unarmed. 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,” LSK statement reads.
“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.”
LSK vs police
LSK further urged the police to retract the cancellation statement and allow protestors to demonstrate since it is their constitutional right adding that their action may result in violent attacks against innocent Kenyans.
“We therefore demand that you retract the statement and allow the protests to go on as planned restricting yourselves to only providing security to the citizens of Kenya during the protests,” Odhiambo said.
“We urge you to reconsider your position noting that your actions which will essentially be unlawful, may also result in violence against innocent citizens by the police and which actions may also result in violent attacks and injuries, that can be avoided.”
Lawsuit
Threatening to take legal action, the Society said that they would initiate court proceedings if the police would not allow the peaceful protest.
“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 said.
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