Ngunjiri in court, wants Boin­net to draft clear code for protests

He says he has a gen­eral draft of the code of con­duct state should come up with, which al­lows full ex­er­cise of fun­da­men­tal rights for pro­test­ers and non-pro­test­ers

The Star (Kenya) - - Politics - SU­SAN MUHINDI @muhindi_­suu

An ac­tivist has moved to court to com­pel In­spec­tor Gen­eral of Po­lice Joseph Boin­net to for­mu­late a code of con­duct for con­ven­ers of demon­stra­tions.

Ngunjiri Wambugu says In­te­rior Cabi­net Sec­re­tary Joseph Nkaissery has failed to strictly en­force the ex­plicit pro­vi­sions of the Pub­lic Or­der Act dur­ing protests or to for­mu­late pol­icy guide­lines on mat­ters re­gard­ing rights un­der Ar­ti­cle 37 of the constitution.

He said he has al­ready de­vel­oped a gen­eral draft of the code the state should come up with. Wambugu said this will al­low full ex­er­cise of fun­da­men­tal rights of both demon­stra­tors and non-demon­stra­tors, with­out ei­ther party in­fring­ing on the other, or the state vi­o­lat­ing cit­i­zens’ rights.

Un­der a cer­tifi­cate of ur­gency, he said it is pos­si­ble to peace­ably assem­ble and demon­strate with­out in­fring­ing on other peo­ple’s rights and fun­da­men­tal free­doms.

Wambugu said dur­ing the re­cent anti-IEBC demon­stra­tions, a good num­ber of pro­test­ers were cap­tured in print and elec­tronic me­dia armed with crude weapons such as stones, loot­ing shops and de­stroy­ing prop­erty. He said this in­ter­fered with fun­da­men­tal rights.

“There is lack of ac­count­abil­ity from the po­lice and the organisers of demon­stra­tions ex­pected in an open and demo­cratic so­ci­ety in the event an in­di­vid­ual’s rights and free­doms are con­tra­vened,” Wambugu said.

He said law­ful di­rec­tions can be is­sued to the organisers of demon­stra­tions with­out lim­it­ing the right to assem­ble and demon­strate. The ac­tivist wants an or­der di­rect­ing the re­spon­dents to for­mu­late a code of con­duct for con­ven­ers of demon­stra­tions.

The code should in­clude de­tailed ex­pla­na­tion of how con­ven­ers in­tend to en­sure non-demon­stra­tors are not ad­versely af­fected by demon­stra­tions and a clear line of re­spon­si­bil­ity of who is li­able in case of loss of life or prop­erty. Wambugu’s pe­ti­tion is based on the re­cent Cord’s anti-IEBC protests in ma­jor towns across the coun­try.

He said in most cases, the pro­test­ers did not carry out the demon­stra­tions peace­ably and were armed with crude weapons, con­trary to the law. Wambugu said peace and tran­quil­ity were al­ways dis­rupted dur­ing the protests.


Bilha Njoki, Jimmy Waititu, Peter Kakungi and Lucy Njeri at Makadara law courts in Nairobi yes­ter­day. They face charges of at­tempt­ing to cause the death of Joseph Mwangi by hir­ing hit­men to kill him /

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