LSK to challenge new rule on gatherings in court
LSK President Nelson Havi.
What you need to know:
- He also accused the security council of being selective in the application of the directive.
- The LSK president claimed that a police vehicle was trailing him late last week.
- He was n a tour to meet advocates, judges and magistrates in western region.
- He said the police intended to disperse the gatherings.
The decision by the National Security Advisory Council requiring all people intending to hold public gatherings to request for permission three days in advance is set to face its first legal challenge on Monday. This follow a decision by the Law Society of Kenya (LSK) to move to court to challenge it.
LSK President Nelson Havi termed the decision unlawful and unconstitutional and that it has no basis in law.
“That advisory issued a communique to the effect that no public gathering will be lawful unless it is preceded by a three-day request for permission. Yet President Uhuru Kenyatta and former Prime Minister Raila Odinga are holding gatherings day after day,” Mr Havi said on Saturday.
He also accused the security council of being selective in the application of the directive, saying it is targeting gatherings by people with positions opposing the government.
“They do not have any legal authority to issue such a directive. The law society will move to court on Monday to challenge that decision,” Mr Havi said.
Trailed
The LSK president claimed that a police vehicle was trailing him late last week while he was on a tour to meet advocates, judges and magistrates in western region. He said the police intended to disperse the gatherings.
“The law cannot be for the obedience of the people and the disobedience of the rulers. It’s that simple. That directive is unlawful and unconstitutional,” he said.
Mr Havi also maintained that LSK, together with other organisations, would be moving to Parliament buildings on Monday to inform its leadership that the institution is no longer legitimate.
“Under the Constitution, the President does not have any leeway. He is obliged to dissolve parliament,” he said, faulting President Kenyatta’s comment that he is waiting for the court to issue its decision on the advisory by Chief Justice David Maraga to dissolve Parliament for failing to enact laws on the two-thirds gender rule.
“We know the court process is susceptible to manipulation and therefore saying we are waiting for the court to issue a verdict will be an exercise of high intellectual idleness,” he said.
