Analyst wants Nkaissery, Boinnet compelled to provide guidelines on protests

Ngunjiri Wambugu wants the court to force Boinnet and Nkaissery to formulate a code of conduct for demonstrations. (Photo: File/Standard)

Nairobi: A political analyst has moved to court to compel Cabinet Secretary CS Joseph Nkaissery and Inspector General of Police Joseph Boinnet and to give guidelines and code of public protests to ensure the rights of those who do not take to the streets are protected.

Ngunjiri Wambugu Thursday filed a petition at the Constitutional division of the High court claiming that properties belonging to innocent Kenyans are often destroyed in protests as was recently witnessed during the Coalition for Reforms and Democracy (CORD) demonstrations over Independent Electoral and Boundaries Commission (IEBC).

"Demonstrators were purporting to exercise their constitutional right as guaranteed by Article 37 of the Constitution of Kenya which guarantees every person the right to peacefully and unarmed, assemble, demonstrate, picket and present petitions to public authorities."

"In most cases, the demonstrations were not peaceful and the demonstrators were not unarmed as required by the law. Consequently, the demonstrations would turn chaotic and as a result innocent members of the public were forced to close their businesses or avoid any engagements in the major towns particularly in Nairobi," Ngunjiri claimed in his court papers filed Thursday.

The lobbyist wants the court to force Boinnet and Nkaissery to formulate a code of conduct for demonstrations.

Ngunjiri wants the court to direct the state to provide a clear line of responsibility for those liable in case of loss of property and life or injury.

He argues that while the protesters have always been riding on the back of the constitutional rights to assemble under Article 37, they end up infringing on the rights of those not demonstrating, who are mainly left with no recourse.

"We cannot continue to have demonstrations where there is no clear line of responsibility about who carries liability for losses incurred during such demonstrations," argued Ngunjiri in his application at the High Court.

Ngunjiri argues that under the current set up, the rights of non-demonstrators are violated because of the lack of a structure, regulatory framework or code of conduct on how demonstrations should be carried out, as has been formulated in other democracies such as Britain, Sweden and Spain.

"Article 21 of the Constitution of Kenya obligates the government to set up such a structure so that those exercising their rights under Article 37 do not interfere with the rights of those non-protestors not involved in such exercise. The failure by the government to do this is what has facilitated a scenario where non-demonstrators have no one to hold responsible for crimes committed against them, or losses they incur during public demonstrations," he argues.