IG, Attorney General ordered to respond to petition seeking demos at State House

The Inspector General of Police and the Attorney General have 11 days to respond to a petition requesting court orders to designate specific gates and zones within the State House and state lodges nationwide where protesters can deliver their petitions to the President.

Justice Chacha Mwita has directed that, following the response from the IG and AG, the petitioner, Prof. Fredrick Ogola of the Linda Jamii Initiative, may file supplementary affidavits and written submissions if necessary.

“The respondents (IG and AG) and intersecting parties (Katiba Institute and Law Society of Kenya) will thereafter have 14 days after service to file and serve written submissions not exceeding 10 pages each,” said Justice Mwita.

Justice Mwita declined to certify the petition as urgent, as requested by Prof. Ogola in his July 25 application. The judge will provide further directions on the matter on November 27.

Operation Linda Jamii seeks a high court directive for Acting Inspector General of Police, Gilbert Masengeli, to designate specific gates or areas within the State House where protesters can present their petitions for forwarding to the President.

Prof. Ogola is also requesting that the court order the IG and AG to make detailed preparations and ensure adequate security measures for facilitating parallel peaceful processions to the State House in Nairobi and Mombasa (and other state lodges) as organised by the petitioners.

Acting IG Gilbert Masengeli addresses the media at Jogoo House, Nairobi on August 7, 2024. (Photo: Justine Ondieki)

Additionally, he seeks a court order to restrain the police from interfering with protesters heading to the State House in peaceful processions.

Protesters had planned to present their petition to President William Ruto on July 30, 2024, and Prof. Ogola requested advance preparations for this.

In an affidavit supporting his application, Prof. Ogola argues that significant national events and decisions occur at the State House, making it the appropriate venue for presenting their petition to President Ruto.

“The decisions and events taking place within those premises have far-reaching consequences for the nation and impact millions of lives, and as is the custom in a democracy such as ours, not every citizen would be happy with and agree with every single decision and policy enacted by the president,” Prof. Ogola states in the affidavit.

“It, therefore, follows that the aggrieved people have the right, peaceably and unarmed, to assemble, demonstrate, and picket outside the aforementioned State House and lodges, as well as to orderly present petitions to the president right at the premises where the most impactful decisions are being made on a daily basis.”

President William Ruto addresses the nation from State House in Nairobion July 11, 2024 after he dissolved his Cabinet in the wake of nationwideprotests over planned tax increase. (Photo: Thomas Mukoya/Reuters)