Interior CS Kithure Kindiki Issues Statement Ahead of Azimio Mass Action

CS Kithure Kindiki
Interior Cabinet Secretary (CS) Kithure Kindiki addresses a press briefing at Kainuk, Turkana County on March 12, 2023.
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Kithure Kindiki

Interior Security Cabinet Secretary Kithure Kindiki on Sunday, March 19, maintained that those who will breach the law on Monday will be prosecuted.

In a statement sent to newsrooms, the CS noted that it was a constitutional right for any Kenyan to hold peaceful demonstrations.

The CS though warned that security agents would not allow demonstrators in certain parts of the country.

A photo collage of police officers stationed at the Milimani Estate Road leading to Kisumu State Lodge on March 17, 2023.
A photo collage of police officers stationed at the Milimani Estate Road leading to Kisumu State Lodge on March 17, 2023.
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"The Government reiterates its commitment to respect, protect and promote all fundamental rights and freedoms guaranteed under the Constitution. 

"In so doing, security agencies shall respect Article 37 of the Constitution which guarantees the right of every person, peaceably and unarmed, to assemble, demonstrate, picket, and to present petitions to public authorities," the CS directed in relation to the planned protests.

He maintained that State House, State House Lodges and other protected regions would be off limits.

"It is notified for information of the general public that pursuant to the Protected Areas Act (CAP 204 of the Laws of Kenya), security agencies shall prevent unauthorized access to all protected areas," part of the statement read in part.

According to the CS, while Azimio supporters have a right to demonstrate, it should be done within the law.

"The same Constitution that gives freedom for assembly limits enjoyment of fundamental rights and freedoms to ensure the protection of the rights and freedoms of others and to promote broader societal interests including public order, safety and morality," the CS warned.

During the planned rallies, he added, no one may engage in threats, lawlessness, violence, destruction of property or obstruction of activities of other people or in any other way infringe on the rights or freedoms of others.

He explained that the duty to ensure rule of law was followed during the demonstration was solely on the shoulders of the event organizers.

Kindiki's statement was made a few hours after Nairobi Police boss Adamson Bungei declared Azimio's rally as illegal stating that the coalition had not informed the authorities of the mass action on time.

“We are in receipt of two requests that came late yesterday and today in the morning. One was from Azimio la Umoja One Kenya and another from the Nairobi business community. 

“The two groups intended to have peaceful demos. But for public safety none has been granted,” the police boss stated.

In a rejoinder, Azimio Leader Raila Odinga revealed that the rally would go on as earlier planned.

"The mass action is your right, and there is no one who should by any means take that right from you," he remarked.

Orange Democratic Movement (ODM) Secretary General Edwin Sifuna insisted that they would go on with the rally despite Bungei's directive.

"Police “permission” is not a requirement for one to hold protests under Article 37 of our Constitution. This is not 1993," the Nairobi Senator stated.

Former Prime Minister Raila Odinga speaking at a rally in Kiambu County on March 17, 2023.
Former Prime Minister Raila Odinga speaking at a rally in Kiambu County on March 17, 2023.
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Raila Odinga
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