The High Court in Nairobi on Monday, March 27, declined to stop Azimio la Umoja’s street protests.
In the case filed by former Nairobi Governor Mike Sonko, Justice Hedwig Ong’undi said the court does not have the authority to force police to ensure peaceful processions and assembly.
The Lady Justice said the constitution is clear on how protests and picketing should be conducted, and that it is upon the leaders of such processions to notify police bosses of the area where the assembly will start and end.
The Court also declined to issue orders to Inspector General of Police Japhet Koome to arrest the demonstrators saying it did not have the authority to direct the Interior Cabinet Secretary Kithure Kindiki on who to arrest.
“It is not for this court to direct the police on who to arrest and not to arrest. There are regulations on public meetings and processions. No one is allowed to attend the processions and the regulating officers must be notified about the meeting. Enforcement of these falls in the docket of the police officers.
“It would therefore not be proper for these courts to appear to be setting out new regulations and policies which is not within its docket,” added the judge.
The court however said it is illegal to carry weapons or other items meant for harm and the police should arrest anyone with the weapons.