Defiant Raila dares Ruto as police ban Azimio protests

Azimio la Umoja One Kenya leader Raila Odinga yesterday dared President William Ruto ahead of tomorrow’s protests, even as police outlawed the demonstrations citing possible violence.

Mr Odinga maintained that the anti-government protests will go on despite the police ban, noting that the Constitution gives Kenyans the right to demonstrate.

“Unless Mr Ruto wants to suspend the Constitution and rule by decree, we will exercise our right to assemble, demonstrate, picket and present petitions on Tuesday, May 2, 2023, as earlier announced, dark threats notwithstanding,” Mr Odinga said in a terse statement yesterday.

The Orange Democratic Movement (ODM) party leader said the Constitution, in Article 37, provides that “every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities”.

But Nairobi regional police boss Adamson Bungei warned that any demonstrations will be dispersed by law enforcement officers, raising the possibility of chaos as police are likely to face resistance from opposition supporters.

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In a media briefing flanked by senior police officers from Nairobi, Mr Bungei said the demonstrations have been banned because past ones, even though they were labelled peaceful, were marred by violence, looting and death.

“Previous demonstrations in the month of March 2023 conducted by the Azimio team were marred by violence as the demonstrators were armed with machetes, who attacked innocent members of the public who were going about their business, resulting in the destruction of property, attacks on members of the general public who were not demonstrating, stealing, looting and death of several Kenyans,” Mr Bungei said.

But Mr Odinga dared the government, warning that they remain on course, even as he claimed assassination threats on opposition leaders.

“The warnings have included repeated threats of assassination of Azimio leaders from Mr Rigathi Gachagua and Mr Moses Kuria. The latest grim warning has come from Hon William Ruto, who yesterday [Saturday] vowed to stop the planned demonstrations at all costs and declared them nonsense,” Mr Odinga said.

On Saturday, President Ruto, while in Kakamega County, asked Mr Odinga not to engage in the demonstrations, saying he will now invoke his powers as the commander-in-chief to firmly deal with the protests and protect lives and property.

Dr Ruto said he had shown his goodwill when he reached out to the Azimio leader, but the opposition chief had now betrayed him by choosing to return to the streets.

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But Mr Odinga told the President that “powers, responsibilities and functions of a Commander-in-Chief, which he repeats he is, are clearly spelt out in the Constitution and do not include the overthrow of the Constitution, which he is attempting to do with attacks on our planned protests. If the regime chooses to turn our peaceful and constitutional activities into a showdown and assassinations that Mr Kuria and Mr Gachagua are threatening, so be it, we are ready”.

Yesterday, other Azimio leaders, including Narc-Kenya party boss Martha Karua, Wiper leader Kalonzo Musyoka, Jubilee Secretary-General Jeremiah Kioni, National Assembly Minority leader Opiyo Wandayi and Nairobi County ODM Chairman George Aladwa said the opposition remains undeterred and will tomorrow continue with its mass action.

Speaking during a church service at Cathedral of Praise Ministries International in Embakasi South, Nairobi, the leaders said Kenya remains a constitutional democracy and not a dictatorship, accusing President Ruto of returning the country to the dark days of the past.

“Today Ruto is holding instruments of power through the backdoor but I want to remind him that that peaceful demonstrations cannot be outlawed.

“It is a section of the police who provoke violence and we want to tell him that on Tuesday we shall hold demonstrations in accordance with the law until prices of basic commodities are reduced and the servers are opened for audit,” Ms Karua said.

She told President Ruto not to lose his cool when Kenyans are asking for their rights.

“Ruto awache makasiriko.Let him respond to the cries of Kenyans instead of issuing us with threats,” added the Narc-Kenya leader.

Mr Musyoka said the government should deal with the insecurity in the country ranging from the banditry in North Rift to the Shakahola murders instead of being preoccupied with their protests.

“Instead of police chasing us around, they should address pertinent issues of concern like banditry and curb deaths such as those witnessed in Shakahola.

“We know Bungei is taking instructions from his commanders to outlaw our demonstrations but Kenyans are tired and will not hesitate to go to the streets,” the Wiper leader said.

Also Read: Anti-government protests - Azimio acting in bad faith, Ruto allies say

Mr Odinga disclosed that tomorrow, the opposition brigade will present a petition to the Office of the President proving that the cost of food, fuel, electricity and fees remain unacceptably high.

“We will further petition OP to desist from invading and destroying rival political parties as was attempted on Jubilee headquarters and through auction of MPs in Parliament.”

He said they will also present a petition to the Independent Electoral and Boundaries Commission (IEBC) showing that last year’s election results were doctored and demand an audit of the servers.

“We shall also petition IEBC against the sacking of the four commissioners because it presents a dangerous precedent in which in all future elections, all commissioners will be required to agree with the chairperson of IEBC, effectively making election a one person show.”

He went on: “We will be visiting the National Treasury to petition for the immediate release of all funds owed to counties and the timely payment of salaries to all civil servants.

“We plan to visit the Public Service Commission on the day to demand that appointments to public offices be done purely on the basis of merit and inclusivity, not tribe as is presently the case.”

Mr Odinga said pointed out that Kenyans will not accept to have a country of close to 50 tribes where appointments go only to members of one tribe.

“We shall not agree be cowed into silence when so many things are going wrong in the country; with cults that enjoy patronage and protection from State House killing Kenyans, including children, in their hundreds, goons hired by the State invading and destroying private property, massive corruption making a grand return to the country and tribalism taking an unprecedented sway in public offices.”

Mr Kioni also alleged a plot to assassinate some opposition leaders, claiming the threats have been issued to them.

“We have been told that one leader will be assassinated by July but we want to tell them that we will not be cowed. We will protest until our demands are met,” he said.

Mr Bungei yesterday insisted that even though the Constitution allows every citizen the right to demonstrate peacefully, and to present petitions to national authorities, it also prohibits the possession of ‘offensive weapons at public meetings and processions’.

“Demonstrators, picketers and petition-presenters must do so peaceably and unarmed. Assemblies, picketing and demonstrations which are not peaceful are excluded from the protection of the Article. If they consist of violence to or intimidation of the public, then the assembly or the demonstration ought to be stopped,” said Mr Bungei.

“Likewise participants in assemblies, picketers and demonstrators must not be armed. Weapons as well as defensive or protective contraptions which breed or stimulate aggression ought not to be possessed by the demonstrators or picketers,” he added.

Webuye East MP Martin Wanyonyi however, hit out at former President Uhuru Kenyatta and Mr Odinga, accusing them of being hell-bent on destabilising the country.

“It is embarrassing that these two leaders, instead of emulating their fathers, are busy inciting Kenyans to destroy people’s property and even the lives of innocent Kenyans in the name of protests that are unnecessary,” said the MP.

“Let Uhuru and Raila emulate their fathers’ footsteps where they advocated for the development of the country and not destroying it,” he added.

- Additional reporting by Collins Omulo