‘You can’t limit anyone’s right’: LSK dismisses Bungei's Nairobi demos ban

The Law Society of Kenya (LSK) has lashed out at the Nairobi Regional Police Commander Adamson Bungei over his ban on Tuesday's protests against the contentious 2024 Finance Bill.

Ahead of the march dubbed ‘Occupy Parliament’, the police commander said no demonstration would be allowed in the city centre, claiming that the protest’s organisers had not applied for a permit.

Consequently, Bungei warned that police would be deployed across the capital to quell protesters.

LSK in a statement in the afternoon however dismissed Bungei’s remarks, saying that the Constitution guarantees the right to demonstrate without any approval from the police boss.

“Article 37 of the Constitution of Kenya provides for the right to assembly and demonstrate and it has no provision for notice to be given to you nor can you limit anyone's right outside what is provided for under Article 24 of the Constitution,” the society’s president Faith Odhiambo said.

“Article 19(3) further guarantees these rights and fundamental freedoms. Your actions would therefore be construed to amount to suspension of Articles 19 and 37 of the Constitution, which actions are unconstitutional.”

LSK demanded that Bungei retract his statement and allow the protests to go on as planned and provide security to protesters, failure to which they would sue him.

“Should you proceed to disregard our request, we will initiate court proceedings against you based on the doctrine of command responsibility and proceed to seek orders holding you personally liable for harm caused by the police to the protesters,” LSK further told the police commander.

Tuesday’s demonstrations are meant to pressure lawmakers against passing the bill which will be tabled before the House on Tuesday.

The unpopular bill is sponsored by Molo MP Kimani Kuria and it seeks to amend various legislations as Treasury seeks to raise Ksh.300 billion more through taxes.

Opinion polls showed a large majority of Kenyans oppose it.

Just as protesters were kicking off the protests in the city centre, Kuria, who also chairs the National Assembly Finance Committee considering views on the bill, announced that the government had dropped a raft of proposals in the draft law.

They include the plan to impose a 16 per cent Value Added Tax on bread, financial services and foreign exchange transactions; and the contentious motor vehicle tax.