Judge declines to stop planned LSK protest

The High Court has declined a request to stop the Law Society of Kenya (LSK) from conducting planned protests to occupy Parliament Buildings next week.

Justice Weldon Korir said the lawyers’ lobby group should not be stopped from exercising its right to demonstrate provided that the protesters do it in accordance with the law.

While declining the request by the National Assembly and Senate to stop the planned protests, dubbed Occupy Parliament, the judge said he could not make an order against a person or agency which is not party to the court case.

The National Assembly and Senate made the request during the mention of various petitions filed in relation to Chief Justice David Maraga’s advisory on dissolution of Parliament for failure to enact the two-thirds gender rule.

LSK plans to hold the demonstration from Monday next week, October 12, in an attempt to pile pressure on President Uhuru Kenyatta to dissolve Parliament.

The LSK president, Mr Nelson Havi, said President Kenyatta has no option but to act as advised by the Chief Justice, adding that the Interior ministry should withdraw MPs' and Senators' security detail.

“We will proceed in civil permissible numbers. All Kenyans who want to exercise their right to do so within the confines of the law," Mr Havi said yesterday after the United Green Movement (UGM) joined the planned protest.

During a joint press briefing at the society's headquarters, UGM officials led by former Nairobi deputy governor Jonathan Mueke and former Ndhiwa MP Agostinho Neto said they are mobilising Kenyans to support the push for Parliament's dissolution.

“This Parliament has continued to perpetuate discrimination towards the women, youth, marginalised communities, disabled persons, children and older persons of Kenya. Emancipation, like freedom, is not granted, it is conquered. We must then mobilise to win against inequality and that is why this Parliament must be dissolved,” said Mr Mueke.

Meanwhile, Chief Justice Maraga is yet to constitute a three-judge bench that will hear and determine petitions lodged in court in regard to his advisory which has sparked mixed legal actions.

When the petitions were called for directions, Justice Korir said he was yet to receive a communication from the Chief Justice on appointment of the bench.

“If there is a bench, the counsel will be summoned,” said justice Korir. He directed that the cases be mentioned on October 21 for the directions and a confirmation whether the CJ has formed the bench.

However, the judge extended orders issued earlier barring President Kenyatta from implementing Mr Maraga’s advisory.

He ordered preservation of the status quo pending the hearing and determination of the petitions.