Six Azimio la Umoja leaders, including Ugunja Member of parliament Opiyo Wandayi, and Senator Stewart Madzayo were set free on a Ksh50,000 cash bail after pleading not guilty to unlawful assembly and damage of property during the Monday, March 20, mass action.
The leaders were among eight Azimio politicians arraigned in court on Thursday, March 23 for participating in the mass action, and had earlier risked serving one year behind bars for participating in the protests.
In particular, the six were accused of participating in the breaking of a vehicle’s mirror, number plate KAZ 969B Voxwagon Passat which is estimated to cost Ksh1.1 million belonging to one Joyce Nyambura. They were also accused of participating in an illegal demonstration.
Azimio politicians after they were charged with participating in an unlawful assembly of a crowd during the March 20 protests. /TWITTER
The six, including, two Members of County Assemblies were released on Monday, March 20, 2023, evening after being arrested during anti-government demonstrations in Nairobi, and ordered to appear at Kahawa Law Courts on Thursday, March 23, for formal charges.
Wandayi and Madzayo were arrested at Kenyatta International Convention Centre (KICC) as they attempted to protest against President William Ruto's government.
They were met with a heavy security presence that had been deployed in the area and were arrested separately, boarded into police Land Cruisers and taken to a Central Police station. Others leaders who were arrested include MPs Amina Mnyazi and Ken Chonga.
Their arrest sparked outrage among fellow MPs and supporters of the Azimio la Umoja movement. Narok Senator Ledama Ole Kina condemned the arrest and said it was a violation of the constitutional right to peaceful assembly.
On Sunday, March 19, Nairobi Regional Commander Adamson Bungei declared the Azimio protests set for Monday and Thursday illegal and were in violation of the law.
"Section 5(1) prohibits any public meetings or processions that are not in line with provisions in the Act.
"Sections 5(1) and 5(2) make notification of any planned public meeting or procession mandatory – at least three days in advance and a maximum of two weeks before the protest," read part of the Public Order Act.
The Act also makes it an offence, punishable upon conviction by a sentence of up to one year in prison, to hold or participate in an unlawful assembly.
“You are allowed to do all that is allowed by the constitution, you shall notify the regulatory officer of such intent, at least three days but not more than 14 days before the proposed date of such a meeting or procession.
“Therefore, any person that will participate in the planned demonstration is notified to do so peacefully as guided by the constitution of Kenya,” Bungei added.
Azimio la Umoja dismissed the warning and staged the protests which saw many businesses in Nairobi and Kisumu disrupted.
On Tuesday, March 21, Orange Democratic Movement (ODM) Party Leader Raila Odinga declared the increase in protests stating that Azimio supporters would take to the streets on Monday and Thursday of every week.
President William Ruto on Wednesday, March 22 however dismissed the demonstrations and affirmed that his administration would not let anyone disrupt the country's economy for selfish gain.
Raila Odinga during Azimio protests on March 20, 2023. /RAILA ODINGA