High Court declines to halt Azimio demos

Azimio la Umoja supporters during the recent anti-government demos in Nakuru on July 12, 2023. [Kipsang Joseph, Standard] High Court in Nairobi has declined to block Azimio protests in a case filed against retired President Uhuru Kenyatta and former Prime Minister Raila Odinga. Instead, Justice Lawrence Mugambi has directed United Democratic Alliance (UDA) blogger Dennis Itumbi's ally Martin Gitau to serve the court papers within the next three days and appear before the court for a mention on September 21, 2023. The judge also directed Raila, Uhuru, Orange Democratic Movement (ODM), and Azimio la Umoja one Kenya Coalition Party to respond to the case within the next 10 days after being supplied with the documents. "I have read the petition and notice of motion dated July 17, 2023, together with the certificate of urgency and hereby direct as follows, mention for compliance and further directions on September 21, 2023," ordered Justice Mugambi. Gitau, through his lawyer Adrian Kamotho, claimed that the demos called by Azimio leaders on Wednesday, Thursday, and Friday this week are illegal and meant to cause destruction. He accused protestors of vandalism last week adding that they allegedly stole and looted from businesses. "Unless this honourable court intervenes, the petitioner is apprehensive that the respondents herein shall proceed in their unlawful course of unlawful and violent protests, to the detriment of the majority of law-abiding citizens who deserve to carry on with their daily activities without disruptions," argued Dr. Kamotho. Although Gitau sued Uhuru, he did not explain what role he played in the demonstrations. Instead, he claimed that the former President was being sued as the chairman of the Azimio Council. Gitau who states that he is a businessman, claimed that on July 2, Raila called for protests on July 7, 2023 against the government. He claimed that following the press conference, there were chaos and looting in several parts of the country. Gitau stated that the notification that there will be protests for three days this week is illegal as the protests have gone against Article 37 of the Constitution that allows demonstrations only on condition that they are peaceful. "Contrary to the law, the respondents continue to mastermind, orchestrate and sponsor a systemic campaign of violent protests, chaos, destruction and death of innocent citizens as well as security officers. Unless this matter is heard and orders sought granted, the respondents shall continue to endanger life, destroy critical infrastructure, loot businesses and cripple the economy to an extent that cannot be compensated by way of damages," argued Gitau. He stated that Kenyans are already struggling and protests will make their lives even worse. "Due to the protests orchestrated by the respondents, business in all the affected areas was thrust into a standstill and the transport system extremely paralyzed, emergency services interrupted in a fashion that negatively impacts on the struggling economy," claimed Gitau. The man wants the court to find that those who are not picketing have an equal right as those who are in the streets demonstrating. He wants the court to find that Raila, Uhuru, ODM, Azimio are responsible for loss of life and property. At the same time, Gitau is seeking orders to compel the four respondents to compensate anyone who has lost property, either private or public entities. He has further targeted the political parties' fund by asking the court to order Attorney General to slash money from the political parties' fund for compensation. "This honourable court be pleased to order and direct the respondents, jointly and severally, to bear loss and damage accruing from the unlawful protests called by the respondents between July 7, 2013 and July 12, 2013, both days inclusive, including but not limited to; lives lost, persons injured, impairment of critical infrastructure, property destroyed goods looted and assets degraded," stated Gitau.

High Court declines to halt Azimio demos

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