Nyeri Town MP Ngunjiri Wambugu has moved to the High Court seeking to have government regulate demonstrations by having a code of conduct developed by the Office of the Attorney-General in collaboration with the Inspector General of Police.
If Mr Wambugu wins the case, the National Super Alliance (NASA) would have to seek the permission of individuals and business persons within the demonstration zones before embarking on any protests against the Independent Electoral and Boundaries Commission (IEBC).
They would also be held liable for any damage caused in the course of the demonstrations.
Also, acting Interior Cabinet Secretary Fred Matiang'i would be mandated to prescribe demonstration zones.
Speaking to Kenyans.co.ke, Wambugu's lawyer, John Njomo stated: "No one is infringing on the right to demonstrate. The Constitution is clear that demonstrations should be peaceful and demonstrators unarmed."
[caption caption="Acting Interior CS Fred Matiang'i after he banned demos in Central Business Districts"]
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He added that the rights of those caught up in demonstrations need to be considered as much as those of the demonstrators themseves.
He offered comparative examples such as South Africa, where the state is able to regulate demonstrations to ensure public safety, and added that the petition is also grounded in the Public Order Act.
MP Ngunjiri will therefore appear in court on Tuesday, 17th October to receive further directions on the case.
The National Super Alliance has begun daily protests to call for reforms at the IEBC after they declared that there would be no elections on October 26th.
On Sunday, Deputy President William Ruto urged acting Interior CS Fred Matiang'i not to relent in dealing with the protests.
"Matiang’i should stand firm because we will not accept instability disguised as violent demonstrations. We urge our competitors to respect the rule of law and they should know that the government will not sit back and watch.”
[caption caption="A past NASA demonstration in Nairobi"]
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Former Prime Minister Raila Odinga announced his withdrawal from the presidential contest and notified the Commmission but has refused to sign the Form 24A that would complete the withdrawal procedure.
