Court rules move to bar activist Boniface Mwangi’s graft protest was unconstitutional
Human Rights demonstrations
The High Court in Nairobi has declared that Kilimani OCPD violated
the constitution by barring Boniface Mwangi and Team Courage from
assembling or marching to State House to present a petition to the
president regarding corruption during the UN International Corruption
Day.
In a judgment written by Justice Isaac Lenaola and read in court by
Justice Chacha Mwita, the judge said that powers to bar the march,
assembly or present a petition to State House are the sole reserve of
the OCS.
Lenaola, however, noted that demonstrating to the State House is
legally limited in the constitution hence the reason he directed the
petitioner to express his grievances to the president at his Harambee
House office in Nairobi.
Mwangi moved to the High Court seeking orders to bar Inspector
General of Police Joseph Boinett from stopping demonstrations planned
for Wednesday, December 9, 2015.
He also wanted to be allowed to present a petition to President Uhuru
Kenyatta regarding the state of corruption in the country on the same
day at State House Nairobi Gate A.
In his petition, the vocal activist had stated that on December 3 he
delivered a written notice to the officers at Central Police Station and
Kilimani Police Station notifying them of his intention to hold an
assembly at Freedom Corner in Nairobi and a march to State House Gate A,
but the notification was objected by the Kenya Police without providing
any reason.
