The Law Society of Kenya (LSK) has issued a stern warning to Nairobi Region Police Commander Adamson Bungei, accusing him of interfering with protests against the Finance Bill 2024 within the Nairobi’s Central Business District (CBD).
The protests, organized by citizens to oppose the bill and raise awareness against over-taxation, were initially called off by the police, citing a lack of permits.
However, in a statement on Tuesday June 18, 2024, LSK argued that this move is unconstitutional and has threatened legal action against Bungei if he fails to withdraw the police officers deployed to disperse the demonstrators.
LSK President Faith Odhiambo issued a statement directing Bungei to immediately withdraw the officers and allow the protesters to exercise their democratic rights.
At the same time, the lawyers emphasized that the police officers were mandated to provide security to the protesters, not interfere with their activities.
Failure to comply with this demand would prompt the LSK to file a petition in court against Bungei, holding him personally liable for any breaches of the Constitution and the National Police Service Act.
“We are closely monitoring today’s events and will take legal action to find Bungei and any officer who violates the rights of the protestors on account of his instructions personally liable for any breaches of the Constitution and the National Police Service Act,” the statement read.
The standoff between LSK and Bungei comes after the police commander warned against the planned protests, claiming that no one had applied for a gathering or picketing permit as recommended by the law.
However, the LSK argued that Article 37 of the Constitution of Kenya provides for the right to assemble and demonstrate, and that no notice needs to be given to the authorities.
The lawyers further noted that Article 19(3) guarantees these rights and fundamental freedoms, making Bungei’s actions unconstitutional.
LSK further urged Bungei to reconsider his position and allow the protests to proceed peacefully.
