Significant and bold directives have been issued following the filing of a petition seeking a ban on protests in the country.
The case, Martin Gitau vs. ODM leader Raila Amollo Odinga and former President Uhuru Muigai Kenyatta and 8 others, captured the attention of both legal experts and the general public due to its potential implications on the right to protest and its impact on Kenya’s democratic fabric.
Gitau wanted the court to order the Azimio team to stop their planned protests.
Duty Judge L. N. Mugambi at the Milimani Law Courts in Nairobi has since examined the petition and accompanying Notice of Motion Application, as well as the Certificate of Urgency.
In response, the judge issued a series of directives that are set to guide the proceedings in this case.
The first and immediate directive is to ensure that the application and the petition are served within the next three days.
The second directive is equally significant, with the court ordering the respondents to file their responses to the petition and the application within 10 days.
Furthermore, the court has allowed the petitioner, Martin Gitau, to file any additional documentation or a replying affidavit as necessary.
Lastly, the court has scheduled a mention for compliance and further directions on the 21st of September 2023.
This date means Azimio’s protests this week will go on as planned.
The case has already sparked debates across the nation, with proponents of the petition arguing that banning protests is necessary to maintain law and order, while opponents contend that such a move would infringe upon citizens’ constitutionally guaranteed right to freedom of expression and peaceful assembly.
Nairobi Senator Edwin Sifuna has reacted over the ruling by saying “The Court has refused to stop maandamano as requested by Kenya Kwanza through surrogate petitioner Martin Gitau. Tukutane Wednesday, Thursday na Friday.”
by: Ayoo