The High Court has stated that the Judiciary cannot stop Azimio la Umoja’s anti-government demonstrations.
Justice Hedwig Ong’undi in her ruling on Monday march 27 stated that the Court lacks the authority to compel police to ensure peaceful processions and gatherings.
“It would therefore not be proper for these courts to appear to be setting out new regulations and policies which is not within its docket,” Justice Ong’undi stated.
She also stated that the Judiciary cannot direct the Interior CS Kithure Kindiki to arrest anybody after Azimio leader Raila Odinga declared March 20 a public holiday.
“It is not for this court to direct these two senior government officers on their mandate or on who to arrest and who not to arrest. We have a principle known as separation of powers.”” Ong’undi said.
Her ruling comes after former Nairobi governor Mike Sonko moved to court to sue Raila and Narc Kenya party leader Martha Karua over last week’s protests.
Sonko argued that the protests are disguised as economic protesters, but they are bitter expressions of dissatisfaction with Raila’s loss in the presidential election on August 9, 2022.
Sonko’s petition also claimed that the March 20 protests were intended to force President William Ruto out of office. He also claimed that the mass protest would interfere with the Muslim community’s Ramadhan schedule.
“Kindly allow me with all due respect to ask you to show some respect to our Muslim brothers and sisters who will be observing the holy month of Ramadhan,” Sonko’s petition read in part.
He also an order prohibiting Raila, Kalonzo Musyoka, Jeremiah Kioni, Karua, Wamalwa, and other members of the Azimio coalition from inciting people during demos.
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