Six Azimio la Umoja leaders, including Kilifi Senator Stewart Madzayo, are staring at a one year on jail after they were arraigned in court on Thursday, March 23, for participating in the Monday, March 20, mass action.
In particular, the politicians were charged with participating in an unlawful assembly of a crowd and destroying a Volkswagen Passat motor vehicle valued at Ksh1.1 million.
The Office of Director Public Prosecution (ODPP) told the court that Kilifi Senator Stewart Madzayo and Ugunja MP Opiyo Wandayi were among six leaders who violated the Public Order Act.
Thy were released on Monday, March 20, 2023, evening after being arrested during anti-government demonstrations in Nairobi, and ordered to appear at Kahawa Law Courts on Thursday, March 23, for formal charges.
Wandayi and Madzayo were arrested at Kenyatta International Convention Centre (KICC) as they attempted to stage demonstrations against President William Ruto's government.
On Sunday, March 19, Nairobi Regional Commander Adamson Bungei warned Azimio la Umoja One Kenya Coalition leader Raila Odinga that the upcoming protests scheduled for Mondays and Thursdays violated the laws of the land.
"Section 5(1) prohibits any public meetings or processions that are not in line with provisions in the Act.
"Sections 5(1) and 5(2) make notification of any planned public meeting or procession mandatory – at least three days in advance and a maximum of two weeks before the protest," read part of the Public Order Act.
The Act also makes it an offence, punishable upon conviction by a sentence of up to one year in prison, to hold or participate in an unlawful assembly.
"Any person who will breach the peace or break the law during the procession shall be dealt with according to the law.
"The public order act of 2012 is very clear, if a protest is not within the framework of that order then it is illegal," Bungei cautioned a day before the first protest was scheduled to take place.
Minority leaders Madzayo, Wandayi and four others were later freed on Ksh50,000 cash bail after pleading not guilty to unlawful assembly and damage of property during the mass action.
Azimio dismissed the warning by Bungei and took part in the day-long protests that saw many businesses closed, especially in Nairobi and Kisumu cities.
On Tuesday, March 21, Odinga announced the scaling-up of protests noting that his supporters will hit the streets both on Mondays and Thursdays of every week.
Meanwhile, President William Ruto, while speaking at Nairobi Securities Exchange (NSE) on Wednesday, March 22, warned that he will decisively deal with economic saboteurs.
"There is no reason whatsoever for anyone to stand in the way of free enterprise, disrupt businesses or sabotage economic activity, or work as economic terrorists for personal selfish interests.
"Such impunity must be dealt with firmly and full accountability enforced to vindicate Kenya's commitment as a free market economy," he noted.
