The Cabinet Secretary of Interior Kindiki Kithure has declared that any person who incites public disorder or otherwise breaches the peace in any part of the Republic of Kenya shall be prosecuted.
The CS said this in a statement issued on Sunday in regard to the planned protest on Monday by the Azimio la Umoja One Kenya Coalition faction.
In addition, Kindiki noted that Monday is a normal working day and all weekday activities including learning in schools and other educational institutions shall proceed normally.
The Nairobi County Police Commander Adamson Bungei had earlier announced the protests are banned as they do not meet the threshold of the Public Order Act.
Azimio in a rebuttal however said police have no power to permit or decline the protests as per the law adding that they are supposed to provide security after being notified.
“Police “permission” is not a requirement for one to hold protests under Article 37 of our Constitution. This is not 1993,” the ODM Secretary General Edwin Sifuna posted on social media.
The CS reiterated that though Azimio supporters have a right to demonstrate, all protests must conform to the framework of the law.
“The same Constitution that gives freedom for assembly limits enjoyment of fundamental rights and freedoms to ensure the protection of the rights and freedoms of others and to promote broader societal interests including public order, safety and morality,” he said.
In addition, he also noted that “in balancing the rights of those invoking Article 37 with the rights of the rest of Kenyans, security agencies shall enforce the Constitution firmly, decisively and resolutely with no regard for political persuasion or social standing of those involved.”
Kindiki maintained that State House and other protected installations will remain on guard by security agencies to prevent unauthorized access.
“It is notified for information of the general public that pursuant to the Protected Areas Act (CAP 204 of the Laws of Kenya), security agencies shall prevent unauthorized access to all protected areas,” Kindiki added.
In conclusion, the CS assured the public of their safety and advised everyone to continue with their activities uninterrupted and allow security agencies to discharge their mandate of maintaining law and order.
On Tuesday, March 14, 2023, Raila unlawfully declared Monday, March 20, 2023, a public holiday.
At the time, Raila who was speaking during a political rally noted that his supporters will not be working on that day.
"I hereby declare, in the name of Azimio one Kenya Alliance, We declare that Monday, March 20 will be a public holiday," Raila said.
Azimio has called for mass action to protest against the high cost of living and electoral injustices.
Raila said protestors will converge right at the Nairobi Central Business District and start their march to Parliament buildings.
"To Kenyans, tomorrow is a public holiday. If you can't come to Nairobi, protest from wherever you are," Raila said in Rongai.