KNCHR tells government to allow CORD Madaraka Day rally at Uhuru Park

Siaya Senator James Orengo flanked by Lawyer Lawrence Sifuna (centre) and former Makadara MP Reuben Ndolo address members of press at Capitol hill office on 30/06/2016.Orengo said Cord rally will take place at Uhuru park as stated earlier. PHOTO BY WILLIS AWANDU

The Kenya National Commission on Human Rights has told the government to allow CORD to hold their Wednesday planned rally at Uhuru Park as it is their right.

The commission chairperson Kagwiria Mbogori wants police to facilitate the meeting and ensure there is security for those planning the meeting.

“The commission reiterates the Constitutional provision to the right to assembly as spelt out in Article 37 of the Constitution. We note that CORD has complied with the law that regulates the right to assembly by duly notifying the police of their intended rally. The commission also notes that the Nairobi City County has duly approved the use of Uhuru Park by CORD therefore clarifying and putting to rest the contested use of the Park by Cord.”

“There is no law that stops the right to assembly during public holidays,” said part of KNCHR statement.

Ms. Mbogori said there is no basis for police to disapprove the Cord rally and that police have no authority over the administration of Uhuru Park.

“The commission reminds the police that it is their constitutional duty to facilitate the enjoyment of the right to assembly. Restrictions should be the exception not the rule,” she added.

She said the commission had taken issue with the unsubstantiated claims and allegations of treason accusing certain persons of working with two neighbouring countries to destabilise Kenya.

The commission also wants the government to name the two neighbouring countries that it claims are threatening the national security and that failure to do so the allegations serve to evoke fear and perceptions and justify repression of civil liberties especially legitimate dissent. The commission issued the statement following claims by Government spokesman Eric Kiraithe on Monday.

“The commission finds the accusations as utterly reckless and irresponsible. The allegations of treason are very grave as they touch on the core of our national security and nationhood. This is the ultimate crime as spelt out in Article 3(2) of the constitution.”

She told Interior Cabinet Secretary Joseph Nkaissery to always give police orders in writing.

“Any directive must be in writing. The commission is monitoring his conduct and shall be taking appropriate action against him if he persists for breach of the constitution."

Nkaissery has been issuing verbal orders to police that are deemed illegal.

Kiraithe said both CORD and Prayers Beyond Boundaries will not be allowed to use Uhuru Park because of security concerns occasioned by double bookings.

Opposition also moved to High Court under a certificate of urgency seeking interpretation over who between the national government and county government is in charge of Uhuru Park.