A court sitting in Nairobi on Friday barred Cord leaders from calling for mass action during the Saba Saba rallies set for 7 July. It also ruled that if Cord leaders defied the directive and called for mass action, they would be held liable for the consequences.
Delivering the ruling, Justice Isaac Lenaola, declined to stop the rally as requested by Nairobi Senator Gideon Mbuvi Sonko, but warned Cord leaders not to use the forum to incite the public to violence or interfere with those not attending the rally.
“The public meeting organised by the coalition on July 7 shall proceed as planned during which they shall exercise their rights to assemble peacefully without being armed and without any defamatory rhetoricor disturbing activities of those not attending the rally,” ruled Justice Lenaola.
Justice Lenaola further allowed a consent by lawyers representing both parties that July 7 (Saba Saba) was not prescribed as a public holiday and any calls by Cord principals declaring the day a public holiday were null and void.
He did not, however, specify the consequences Cord leaders will face if they defied the court orders, saying that he will make a decision if that happens.
In declining to stop the rally, Justice Lenaola said that it was the coalition’s constitutional right to assemble and that the court could only interfere if the rally posed a real threat to the country’s security.
Cord has been pushing for talks over corruption, tribalism in public appointments, insecurity, high cost of living and restructuring of the electoral commission among other grievances.
Meanwhile, Cord leader Raila Odinga has said the party will ignore the court order and insisted that they will continue with the rallies and demonstrations as allowed by the Constitution.
In a letter addressed to Chief Justice Willy Mutunga, he urged the CJ to intervene in the court ruling stopping the coalition from calling for mass action.
“Article 37 of the Constitution of Kenya states that every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities,” the letter read.
Mr Odinga elaborated that, mass action was a common phrase used to describe the exercise of assembly.
“The term is not a legal principle that can lend itself to interpretation of the court outside the confines of Article 37,” he added.
The former Prime Minister termed the ruling as backward saying:“Rulings like the one issued against Cord today only fortify our concern that Kenya is moving back towards the dark era instead of forward, to a happier, freer society that we long desired and fought for.”
He further urged the Chief Justice to guard the Constitution through the judiciary and provide for rulings to be made within the law.
“Kenyans have put their faith in this Judiciary and in you as its Chief Justice to restore the constitutionalism that was abused in past years and to restore, preserve and protect their liberties against all threats from the State,” he said.
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