LSK files suit against State's rules on political gatherings

The Law Society of Kenya has moved to court to challenge stringent measures introduced by the National Security Advisory Committee (NSAC)  with the aim of containing early 2022 election campaigns.

The society wants the court to declare unconstitutional and illegal, directives announced by the committee on October 7 and adopted by the Cabinet the next day.

LSK President Nelson Havi wants the court to find that the directives are being applied in a discriminatory and elective manner and are intended to suppress divergent opinions.

He says they are being abused by the National Police Service.

Mr Havi further says Section 5 of the Public Order Act is invalid and unconstitutional insofar as it seeks to limit Kenyans’ rights and freedoms of expression, opinion, association, assembly and campaign for a political cause.

While seeking to have the matter certified as urgent, the lawyer asked the court to issue a prohibition order restraining Inspector-General of Police Hillary Mutyambai or any police officer from enforcing the directives.

According to Mr Havi, police should not interfere or disrupt any manner public gatherings, processions or meetings on the strength of the directives that were ratified by the Cabinet.

And since LSK is planning to hold a demonstration dubbed ‘Occupy Parliament’ in an effort to force President Uhuru Kenyatta to dissolve Parliament as advised by Chief Justice David Maraga, Mr Havi also wants the court to bar police from disrupting the procession.

The rules

The disputed directives provide that the convener or any person intending to hold a public gathering must notify the relevant police station commander (OCS) three to 14 days earlier. The OCS may turn down the application.

The conveners must also be present at such a meeting and help police maintain order and obey instructions by the OCS.

Individuals holding public gatherings are required to “obey all orders given by the OCS or any police officer of or above the rank of inspector.”

Last week, the Cabinet endorsed and ratified the prescriptions and directives as issued by NSAC and proceeded to form a multi-agency team to enforce them.

Members of the multi-agency team include the Attorney-General, ICT ministry, National Intelligence Service, National Police Service - Kenya Police Service, Administration Police Service and the Directorate of Criminal Investigations.

Others are the National Cohesion and Integration Commission, ICT Authority and the Communications Authority of Kenya.

While adopting the measures, the Cabinet noted that early campaigning threatens to derail the administration’s transformative agenda for the country.

It warned that heated political activities can jeopardise Kenya’s image and place within the community of nations, being that the country is a non-permanent member of the United Nations Security Council.