Stop unnecessary police force against NASA demonstrators

Acting Internal Security Cabinet Secretary Fred Matiang'i’s order to National Super Alliance (NASA) demonstrators to keep clear of the Central Business Districts in the country’s three cities, Nairobi, Mombasa and Kisumu was bound to meet stiff resistance.

And that was because he was seen by the Opposition to be working at the behest of the Jubilee administration, which is in political competition with NASA following the nullification of the August 8 presidential poll.

Dr Matiang'i’s order was not in sync with the Constitution, which recognises picketing as a way of showing displeasure, especially with the political class and the ruling elite.

This very salient point emboldens the Opposition to step up their campaigns against a select group of officials at the Independent Electoral and Boundaries Commission whom they believe must vacate office to pave way for a level playing field.

If the Constitution be the supreme law of the land, and given the manner in which Jubilee has been conducting its affairs; singularly and forcibly amending the electoral laws despite calls by the Church, the Opposition and foreign envoys to suspend the exercise; intimidating the Judiciary and civil society groups, it is easy to conclude that the latest action by Matiang'i is a systematic attempt to use the police to stifle dissent in the country.

The Kenyan police service has never endeared itself to the public. The love-hate relationship continues despite perfunctory attempts to give the police a new image through the change of name from a force to a service. To date, police actions reflect more of a force than a service.

It is not clear if the police would have acted in the same manner they have been doing since the nullification of the presidential results were it not for the change in law through the Security (Amendments) Laws 2014 that robbed the Inspector General of Police the security of tenure, effectively making him serve at the pleasure of the Executive.

The weeks that the Opposition has staged demonstrations in towns across the country have brought out the worst in the police. It is unacceptable that a police officer should lob teargas into a nursery school as happened twice in Kisumu.

It is unacceptable that a frail 75-year-old woman coming out of hospital should be shot by the police. It is unacceptable that despite advance knowledge of an impending demonstration, the police should shoot to kill unarmed demonstrators.

This begs the question; for what purpose did the Government purchase modern riot control gear; water cannon vehicles, teargas canisters and rubber bullets for immobilising unruly crowds if the police go ahead to use live bullets in defiance of international norms of dealing with crowd control?

Policemen were captured on camera driving their vehicle and hitting a cyclist. Matiang'i has not spoken about this and the other cases where a policeman fatally clobbered a six months old baby in Kisumu while another one shot and killed a ten-year-old girl in Kibera.

Granted, Matiang'i has a duty to protect the innocent who stand to suffer or lose property when demonstrators go wild, but that does not give him the right to order police killings.

There have been claims and counter claims over why NASA demonstrations turn nasty at some point.

This does however not mean that the right to picket gives demonstrators the green light to loot, smash car windows, extort money, snatch phones and intimidate onlookers. The argument by the Opposition that their ranks have been infiltrated by people intent on demonising their peaceful demonstrations just won't wash.

Either way, police training must be brought to bear. The police have the wherewithal to separate looters from peaceful picketers, but they rarely do.

NASA leaders must call their followers to order. If the demonstrations are geared towards causing mayhem, they have no business being on the streets acting in a manner that kills the economy by scaring tourists and investors away.

Picketing does not include deliberately destroying what other hard-working Kenyans have toiled to get for years.

NASA leaders must give a guarantee that they will rein in their followers. We cannot right wrongs through acts of hooliganism.