Petition Filed To Stop Uhuru, Raila From Holding 3-Day Maandamano
Gitau has also enjoined the Orange Democratic Movement (ODM) and Azimio Coalition in his suit.
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UPDATE: The High Court on Monday, July 17 declined to stop the anti-government protests planned by Azimio la Umoja for between Wednesday, July 19 and Friday, July 21. This follows a petition filed by one Martin Gitau who was seeking orders from the High Court to stop the planned three-day protests.
Justice L.N Mugambi however declined to issue the orders and instead set the case for mentioning on September 21, 2023. He further directed that the application and petition be served within the next three days.
“Responses to the petition and the application be filed within 10 days,” added the court.
Former President Uhuru Kenyatta and Azimio Leader Raila Odinga were on Monday, July 17 dragged into a surprise court battle despite Azimio la Umoja affirming that nobody can stop its planned protests slated for between Wednesday, July 19 to Friday, July 21.
Through lawyer, Adrian Kamotho, Martin Gitau, who is a private citizen, filed a petition against the Handshake brothers and Azimio over the anti-government protests, seeking court orders compelling them to call off the demonstrations.
"Pending the hearing and determination of the Application and Petition herein inter partes the Honourable Court be pleased to issue a temporary order restraining the Respondents, their agents, servants, supporters and/or any person whatsoever from holding violent protests, barricading roads, destroying critical infrastructure, disrupting the lives of non-demonstrators or in any manner using the subsisting democratic space to destroy property, intimidate disinterested persons or to loot business premises," reads court papers
Gitau has also enjoined the Orange Democratic Movement (ODM) and Azimio Coalition in his suit.
Outside the Milimani Law Courts. /FILE
Furthermore, he also wants the court to restrain the political parties from releasing or disbursing any share or further allocation of the Political Parties Fund to the parties.
Should the court agree with Gitau's prayer, then Azimio and the coalition's supporters will be barred from engaging in any chaotic picketing.
In the court papers, Gitau claimed that due to the protests orchestrated by the respondents, businesses in all the affected areas were at a standstill.
The businesses included a transport system which was extremely paralyzed in the previous protests and emergency services interrupted in a fashion that negatively impacts the struggling economy.
Gitau's petition came notably on the same day Azimio announced that they would not be cowed into cancelling the anti-government protests.
“The peaceful protests planned for Wednesday, Thursday, and Friday this week are on as earlier declared by our leaders. These protests will go on in line with Article 37 of the constitution which provides the freedom of peaceful assembly and picketing.
"No person has got the power to suspend the operation of Article 37 of our constitution. Not even William Ruto, Kithure Kindiki or Rigathi Gachagua. Those purporting to stop demonstrations are deluding themselves,” said National Assembly Minority Leader Opiyo Wandayi.
Kenya Kwanza leaders, including President William Ruto, have been on record claiming that Uhuru was bankrolling the Azimio coalition to stage the protests, despite Azimio denying those claims and saying that no funds were going towards organising the charged protests.
"Kenya Kwanza claimed that protesters are being paid. For anyone to claim that those protesters who came out in hundreds and thousands in places like Emali, Busia, Kitale, Kisii, Kilifi, Kakamega, Machakos, and Nairobi, among other places, were paid is to be extremely insincere and to live in deep denial," Wandayi added.
On Friday, July 14, President William Ruto warned Retired President Uhuru Kenyatta over his continued involvement in opposition politics, further threatening to deal with him just like Raila if he continued to fund the protests.
Interior Cabinet Secretary (CS) Kithure Kindiki on Saturday, July 15 warned the opposition against the protests, stating that the government is on alert to deal with the chaos that will arise from the demonstrations.
