November 23rd 2017

Top Stories / 2017 Elections

NASA's daily protests get High Court seal, Jubilee MP condemns killings

“The use of excessive force to quell demos has been counterproductive as Jubilee is falling into the trap of Raila, who thrives in anarchy and violence, yet we know that in any election, Raila will not beat President Uhuru Kenyatta,” Kutuny said.

By Phillip MuleeTuesday, 17 Oct 2017 11:35 EAT

A NASA protester is cornered by police officers near IEBC offices at Anniversary Towers, Nairobi.

The daily protests by the opposition coalition NASA against the electoral commission IEBC will be allowed to go on without disruption after the High Court lifted a ban on them by the cabinet secretary for internal security Fred Matiangi.

NASA leaders and supporters in Nairobi, Mombasa and Kisumu will proceed to the streets tomorrow devoid of clash with police after the High Court today temporarily lifted government ban on demos in the central business districts of the three cities.

NASA flag bearer Raila Odinga’s spokesman Dennis Onyango last night announced suspension by one day (today) countrywide demos to allow leaders visit the injured in hospital following, Monday clash with police in the three cities.

The lifting of the ban by Justice John Mativo followed a suit filed yesterday by Norman Magaya, the NASA Chief Executive Officer. The judge ruled the suspension would be in effect until Mr Magaya’s case is heard and determined.

Justice Mativo at the same time blocked the arrest and prosecution of Mr Magaya over the demos until the case is determined. The temporary orders were issued after the lawyer representing Mr Magaya appeared before him.

The NASA CEO had sought orders stopping his arrest and ban on protests against IEBC. He sued Inspector General of Police Joseph Boinnet, Director of Public Prosecutions Keriako Tobiko and Matiang'i.

Last week, Dr Matiang'i said Mr Magaya would be held responsible for destruction of property during anti-IEBC protests.
A snapshot of the court order.

Justice Mativo’s order comes less than 24 hours after Jubilee’s Cherangany MP Joshua Kutuny told the government to stop teargassing and shooting anti-IEBC demonstrators.

Kutuny, who addressed a press conference at Parliament Buildings, instead called on Matiang’i and the police service to change tack, saying opposition chief Raila Odinga “thrives in anarchy and violence”.

He called on police to stop using excessive force when dealing with demonstrators, noting that police brutality does not augur well with communities living in cosmopolitan areas, including his Trans Nzoia County.

“The use of excessive force to quell demos has been counterproductive as Jubilee is falling into the trap of Raila, who thrives in anarchy and violence, yet we know that in any election, Raila will not beat President Uhuru Kenyatta,” Kutuny said.

He continued, “We know that demonstrations and picketing are constitutionally provided for and it is unacceptable for police to use excessive force.”

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