Premium
Arrest of ex-CJ and other peaceful protesters unfair
The arrest of former Chief Justice David Maraga and other demonstrators in Nairobi yesterday is a worrying violation of their rights as enshrined in the Constitution. Former CJ Maraga and the others were protesting against the planned excision of a 75-acre parcel of the Nairobi National Park to create a parking space for motor vehicles.
As long as they were peaceful, the security should never have interfered with the demonstrators, and should, in fact, offer them protection against hooligans, who often take advantage of such protests to cause needless mayhem.
The protesters are opposed to the land conversion linked to a Sh41.9 billion Bomas of Kenya expansion project and the relocation of the animal orphanage. The former CJ was detained at the Langata Police Station before being released, though he insisted on remaining in custody in solidarity with other protesters.
The arrests have been condemned by civil society and rights organisations, including Amnesty International Kenya, which demanded the immediate and unconditional release of all the protesters. Peaceful demonstrations and picketing are constitutional freedoms. The State should not arbitrarily use the police to block this freedom of association and expression.
Interestingly, this comes just days after the High Court sitting in Kisumu gave the government 90 days to come up with regulations on public demonstrations. According to the court, the government should ensure that citizens exercise their rights by offering clear guidelines to the National Police Service.
Although yesterday’s demonstrations had been approved by the police authorities, who were expected to maintain law and order, the protesters said plainclothes officers descended on and arrested them.
If confirmed, this will also be a violation of the court order against the deployment of plainclothes officers during demonstrations. All the officers should be in uniform with their faces visible and have clearly marked name tags.
The continuing arrests of peaceful protesters are a violation of their key constitutional rights. The citizens are guaranteed the freedom to peacefully assemble, demonstrate, and air their grievances without government interference.
