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Monday, March 19, 2018

Custom Adv 1

The Supreme Court ruling yesterday which upheld the re-election of His Excellency President Uhuru Kenyatta brings to an end the electioneering period.

We note with appreciation and commend Kenyans for remaining largely peaceful and patient throughout the long process since the August 8th and their voting peacefully on 26th October 2017.

In exercise of its cardinal responsibility of protecting life and property, the Government reassures the public that it will continue to do everything possible for the continuance of peace and tranquillity in the country

Whereas our Constitution under Article 37 provides that “every person has a right to peaceably and unarmed; assemble, demonstrate, picket and present petition to public authorities”; the enjoyment of these rights is NOT absolute and must NOT infringe on the rights of other Kenyans.

The rights enshrined in the Constitution are operationalized through the Public Order Act CAP 56, Laws of Kenya which provides among other things, how public meetings and processions are regulated.

Specifically, we wish to draw the attention of the public to Section 5 which places clear responsibility and obligations on those organizing such meetings and processions.

Accordingly, it is the responsibility of the organizer to ensure that all participants remain peaceful and do NOT breach the rights of others.

The organizers are required by law to notify the officer in charge of police station in the area of the proposed demonstrations indicating time, date, route, venue and purpose of the procession

The police officer must issue a formal notification to the organizer either allowing the demonstrations or providing reasons why not to allow.

Last FridayNovember 17th— the world was treated to the spectacle of demonstrations that led to loss of lives and wanton destruction of property all in the name of welcoming back home a political leader

The Government reiterates once again that, no citizen has more rights than another.

Supporters of one political grouping are not more Kenyan than supporters of another political group!

Owing to the destruction and senseless loss of lives witnessed last week, and in accordance with Section 5 of the Public Order Act; due to the clear, present and imminent danger of breach of peace and public order as witnessed in recent demonstrations, the Government notifies the public that, for the time being, no demonstrations shall be allowed in the streets of urban centres.

However, to ensure that Kenyans continue having an avenue for expressing themselves as provided for under Chapter Four, (Bill of Rights), of our Constitution, those desirous of holding political rallies are free to do so in designated public gathering areas.

Thank You All




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