Sonko Loses In Bid To Stop Raila's Protests

"It would therefore not be proper for these courts to appear to be setting out new regulations and policies which is not within its docket," noted the court.

Additionally, Justice Ong'undi declined to issue orders to Inspector General of Police Japhet Koome to arrest the demonstrators.

The ruling is a blow for former Nairobi Governor, Mike Sonko who filed a lawsuit against Raila over unlawfully declaring Monday, March 20 as a public holiday during the weekend ahead of mass action.

Justice Ong’undi had however noted that there is a laid down procedure for the declaration of public holidays in Kenya and that Interior Cabinet Secretary (CS) Kithure Kindiki had not declared the same.

Sonko in his case sued Raila as well as Azimio principals Kalonzo Musyoka, Jeremiah Kioni, Martha Karua, Eugene Wamalwa, Azimio la Umoja One Kenya Coalition, Wiper Democratic Party, George Wajackoya, Wycliffe Oparanya, CS Interior, Inspector General of Police and the Attorney General.

He also sought an order prohibiting Raila's team from declaring or stating March 20 to be a public holiday.

Also sought was an order that the CS Interior Kithure Kindiki issue directions to the IG to assist in the arrest of any of Raila’s team declaring or announcing Monday to be a public holiday and taking part in Azimio public demonstrations as well as arrests of anyone that shall damage any private or public property during the demonstrations.

Sonko added that the declaration and public announcement by Raila are unlawful and were meant to incite law-abiding citizens into believing that Monday was an officially declared holiday when it is not officially declared as per the law.

The ex-county boss further explained that the entity constitutionally authorized and empowered to prescribe any other public holidays is Parliament through lawfully enacted legislation.

“Raila has certainly not been delegated to whimsically announce and declare any day a holiday. His utterances of denigrating and abusing the presidency by calling President William Ruto an illegally elected President is a violation of the constitution and which this court must bring to heel,” he stated.

The lawsuit came after Raila's illegal declaration of a public holiday on March 20 drew widespread criticism, majorly from the Kenya Kwanza government and including President William Ruto.

"You cannot tell us that you have another set of laws that you make in your mind and pass in your thoughts and you want to tell us that you are above the law, that you do not recognise our Constitution, that you do not recognise the laws of Kenya.

"You cannot tell us while the rest of us abide by the Constitution respect the laws of Kenya and faithfully submit to the authority and the constitution of the laws of Kenya. You want to tell us that you have your own set of laws that you enforce through ultimatums, demonstrations that you enforce by force and blackmail using chaos and violence. It cannot be the case," he addressed.

Both the protests so far have been on working days, though several businesses have been disrupted as a result of the demos.