LSK Threatens To Sue Nairobi Police Boss As Teargas Rock ‘Occupy Parliament’ Protests

The Law Society of Kenya (LSK) has now announced its intention to sue Nairobi Region Police Commander Adamson Bungei over interference in the ongoing protests in the Central Business District (CBD).

Per a notice issued on Tuesday, June 18 to the Nairobi police boss, LSK President Faith Odhiambo accused Bungei of making false claims regarding the cancellation of the planned protests.

“We have seen your press statement today in which you claim to cancel the planned protests restricting citizens’ right to protest peacefully and unarmed,” the statement read in part.

LSK President Faith Odhiambo during a past function. /CITIZEN DIGITAL

“We would like to clarify that Article 37 of the Constitution of Kenya provides for the right to assembly and demonstrate and it has no provision for notice to be given to you nor can you limit anyone’s right outside what is provided for under Article 24 of the Constitution. Article 19(3) further guarantees these rights and fundamental freedoms.”

Odhiambo believed that Bungei’s actions would therefore be construed to amount to suspension of Articles 19 and 37 of the Constitution, which actions are unconstitutional.

The LSK President therefore demanded that Bungei immediately withdraw the police officers and allow the demonstrators to exercise their democratic rights.

“We therefore demand that you retract the statement and allow the protests to go on as planned restricting yourselves to only providing security to the citizens of Kenya during the protests.

“We urge you to reconsider your position noting that your actions which will essentially be unlawful, may also result in violence against innocent citizens by the police and which actions may also result in violent attacks and injuries, that can be avoided,” the statement added.

Odhiambo warned that “should you proceed to disregard our request, we will initiate court proceedings against you based on the doctrine of command responsibility and proceed to seek orders holding you personally liable for harm caused by the police to the protesters. We trust that you will be implored to do the right thing.”

LSK’s demand came hours after Bungei dismissed plans to organise any protest in the CBD, stating that the organisers of the protests did not apply for any license to picket or hold peaceful demos in Nairobi.

“We have heightened our patrols within the CBD to ensure there is no disruption of businesses. Nobody applied for any license or permit to do the protests,” claimed the police boss.

He noted that police officers have already been mobilized to ensure that any gathering within the Nairobi CBD is dispersed instantly.