It's our right to demonstrate, says Raila as Ruto fires warning shots

President Ruto issued a stern warning to Raila and the Azimio coalition over the weekend, stating that their planned demonstrations were a threat to the Kenyan economy and the livelihoods of its citizens.

"I want to tell them I am the Commander in Chief. You will know. You will stop that nonsense... you will not disrupt peace and the business of citizens," said Ruto while commissioning various projects in the Western and Rift Valley region on Saturday.

Ruto's warning comes a day before Nairobi police boss, Adamson Bungei cautioned the Azimio leaders against staging protests in the city on May 2.

During a press conference in Nairobi on Sunday, Bungei stated that while the Azimio team had given notice to the police beforehand, the right to assemble is not absolute under the Constitution.

He cited the violence that occurred during previous protests, which resulted in the death of several Kenyans.

"We are declining to allow the Azimio team the go-ahead to proceed with the demonstration and any such demonstration will be dispersed by law enforcement officers."

Bungei centred his rationale on the Public Order Act which allows a regulating officer to prevent and stop a public meeting or procession if the organisers have not notified the regulating officer or if there is clear, present or imminent danger of a breach of the peace or public order.

Constitution is supreme

However, constitutional lawyer Bobby Mkangi says the Constitution is supreme and no person, be it the president or police, has powers to ban demonstrations.

"At the end of the day, the Constitution and that right to demonstrate is superior. We cannot use a technicality (the Public Order Act) to deny citizens the right without giving a clear reason," said Mkangi.

According to the lawyer, the better option would be for both the police and the organisers of the demonstration to meet and ensure that both sides meet all measures as per the law. This includes the time and date of the demonstration and the proposed routes to be taken.

"The work of the police is to facilitate the enjoyment of this right."

Mkangi argues that it is unfair for the police to use past events to predict the outcome of future demonstrations.

During the planned demonstrations, Azimio plans to present a petition to the Independent Electoral and Boundaries Commission (IEBC) showing that the election results were allegedly doctored and demand an audit of the servers.

Furthermore, the party plans to present a petition to the Office of the President proving that the cost of food, fuel, electricity, and fees remain unacceptably high.

The party will also visit the National Treasury to petition for the immediate release of all funds owed to counties and the timely payment of salaries to all civil servants.