Government enjoins in case seeking to block CORD’s call for mass action

Interior Principal secretary Mutea Iringo

Nairobi, Kenya: The government has enjoined itself in a case filed by Nairobi Senator Mike Sonko seeking to block the Coalition for reforms and democracy (CORD) from calling for mass action.

The state through the Interior Ministry Principal Secretary Mutea Iringo Tuesday said that there are no valid grounds that have been laid before the court in the form of coercion, misrepresentation or collusion of agreement contrary to the policy of the court as demonstrated in the application in question which seeks to set aside the consent orders.

Judge Isaac Lenaola went ahead to caution parties in the case, especially CORD, from indulging in discussing matters that are before the court.

"If you choose to politick, stick to that and if you choose to go to the press stay there. If you want to air your issues with members of parliament, kindly do it without infringing the court proceedings," Said Lenaola.

He directed the parties to file their responses pending a hearing on July 9.

The PS in his affidavit said that the only way in which consent orders can be set aside by the court is by the filing of a substantive suit in which all the elements of coercion, misrepresentation, collusion of agreement contrary to the policy of court can be correctly canvassed.

"Article 33 provides that the exercise of freedom of expression shall not extend to the propaganda for war, incitement to violence, hate speech, or advocacy for hatred that constitutes ethnic incitement or vilification of others to create harm," reads his affidavit.

A reply affidavit by Sonko says that none of the respondents Raila Odinga, Kalonzo Musyoka and Moses Wetangula had sworn a statement that the consent orders issued were bad.

Sonko refuted Machakos senators affidavit that he is not party to the proceedings.

Iringo noted that the July 4, consent orders are positive and in accord with the spirit of the constitution. That they focused on a peaceful rally which was held by Cord.

"The respondents (CORD and its leaders) have a history of calling for what they termed as mass action which turned out to be violent acts that breached the peace during the 2007-2008 post-election period," Mutea said in the statement filed in court.

The government, according to the Interior PS, put appropriate measures to protect the freedoms of the CORD supporters and their leaders to exercise rights to assemble and expression.

"I believe that there is good justification for the limitations that result from the impugned consent orders," said Iringo.

The Government wants CORD leaders to bear personal responsibility for their actions and statements in public rallies.

According to the PS, the respondents had issued ultimatums of grave consequences for this country if Government never yielded to their demands.

Calls for mass action, Iringo said, led to loss of lives, property in the 2007-2008 post-election violence as documented in the report popularly known as Waki report.

Lawyer Harisson Kinyanjui filed Sonko's response which said that the CORD Lawyer who entered consent is a qualified advocate who understood the scope of the legal and constitutional considerations.

Sonko in his affidavit says that Senator Muthama is misleading the court for saying that their lawyer had instructions that did not extend to entering a consent.