The Kenya Human Rights Commission has told off the police over their purported ban of Azimio mass protests slated for Tuesday.
KHRC said in a statement on Monday the Public Order Act which the police have cited for the action does not give police powers to disallow demonstrations.
"Public Order Act does not in any way give police (through the office responsible who in this case is the Officer Commanding Police Station-not even the President or CC) powers to allow or disallow public protests and gatherings," the Commission said.
Police on Monday reaffirmed a statement issued over the weekend that the Azimio protests are illegal.
Deputy Inspector General of Police Noor Gabow noted that whereas Article 37of the Constitution allows for peaceful picketing, the Public Order Act which prohibits acts of violence and and acts that amount to breach of peace must be obeyed too.
"Notwithstanding, the Public Order Management Act, 2012 Part III regulates public gatherings by prohibiting offensive weapons at public meetings and processions," the deputy IG said.
The rights defender, however, said Kenya is a democratic country guided by the Constitution and not one ran by the military or police.
"Therefore, the President and County Commander (CC) of Nairobi have no mandate within the law to curtail fundamental rights and freedoms," KHRC said.
It noted that the police were mandated to support Azimio and ensured law breakers are arrested and persecuted.
The Commission said in civil societies, the police work with organisers of protests to ensure success of the marches and peace during such activities.
This, KHRC noted, works when police do not act on the basis of "orders from above."
"It's time we had a truly independent police service as opposed to a force," the Commission said.
Further, KHRC said Azimio have a legal and moral duty to ensure the demos are peaceful as outlined under Article 37 of the supreme law.
The Commission demanded that the protests be devoid of any limitations by the State or violence by police, protest organisers or protesters.
"We will be monitoring and responding to this situation closely and we also call upon the Kenya National Commission on Human Rights and the Independent Policing Oversight Authority to remain vigilant over the same," it said.
The Commission regretted that the current stalemate had been deepened by failure to agree on the best process and forum for canvassing the key economic, social and political governance issues affecting the country.
It re-affirmed its stand in opposing the proposed bipartisan talks, saying it was a repeat of the "previous elitist, minimalist, captured and compromised reforms opportunities for truly people-led conversations."
KHRC said the process should be people-centered and not one driven by selfish political interests.
Further, the Commission demanded that the talks be properly inclusive and pro-people and should address the real issues affecting Kenyans.
KHRC urged Kenyans to be vigilant and defend their rights.
"We call upon the people of Kenya to zealously safeguard the Constitution and defend their civil and democratic rights and spaces against the capture by the political and state elite."
