NAIROBI, Kenya, Mar 19 — Interior Cabinet Secretary Kithure Kindiki has dismissed assertions on the existence of a public holiday on Monday saying the unilateral declaration by opposition leader Raila Odinga is not sanctioned in law.
Kindiki who is solely mandated by law to declare public holidays urged law abiding citizens to go about their business with the assurance of government protection.
He said those who will breach the law during the planned Azimio protest will be prosecuted.
Kindiki who spoke to news reporters on Monday at the steps of Harambee House insisted that responsibility to ensure that assemblers, protestors, picketers and petitioners are peaceable, unarmed and orderly is on the organizers and leaders of the activity.
“The Government assures the public of their safety and advises everyone to continue with their activities uninterrupted and allow security agencies to discharge their mandate of maintaining law and order,” he said.
“Any person who incites public disorder or otherwise breaches the peace in any part of the Republic of Kenya shall be prosecuted,” the CS cautioned.
Kindiki made the statement even as the Nairobi police command declared the planned demonstration illegal for failure by its organizers to comply with the Public Order Act.
Decisive action
He said the National Police Service — in discharge of its mandate of protection of life and property, maintenance of law and order and preservation of peace — shall ensure no life or property is lost or destroyed by people exercising their rights.
Kindiki maintained that State House, other protected installations will remain on guard by security agencies to prevent unauthorized access.
“It is notified for information of the general public that pursuant to the Protected Areas Act (CAP 204 of the Laws of Kenya), security agencies shall prevent unauthorized access to all protected areas,” Kindiki added.
He added that though Azimio supporters have a right to demonstrate, all protests must conform to the framework of the law.
“The same Constitution that gives freedom for assembly limits enjoyment of fundamental rights and freedoms to ensure the protection of the rights and freedoms of others and to promote broader societal interests including public order, safety and morality,” he said.
Illegal protest
Earlier on, Nairobi police chief Adamson Bungei told news reporters the protests slated for Monday contravene the Public Order Act, 2021 and pose a threat to peace.
Bungei said the police had received requests from two groups (Nairobi business community and the Azimio party) intending to hold protests on the same day and decided to grant none the permit to protest.
“We are in receipt of two requests that came late yesterday and today in the m morning. One was from Azimio la Umoja One Kenya and another from the Nairobi business community, the two groups intended to have peaceful demos. But for public safety none has been granted,” he said.
“The Public Orders Act, 2012 provides that any person intending to convene any meeting or a public procession shall notify the regulating officer of such intent at least three days but not more than fourteen days before the proposed date of the public meeting,” he said.
Bungei said Azimio coalition did not meet the threshold to be allowed to carry on with planned protests and warned of dire consequences should any of the formations break the law.
“Any person who will participate in the planned demonstrations is notified to do so peacefully as guided by the constitution of Kenya,” he said.
“However, anyone who breach the peace or break the law during the procession shall be dealt with according to the law,” Bungei warned.
