The stage is set for a major showdown between the opposition and the government with Azimio troops insisting their mass action is on despite a chilling warning from President William Ruto.
Opposition Chief Raila Odinga vowed the protests will proceed on Tuesday and left no doubt about their intentions to access Nairobi's Central Business District despite the police declaring the demos “unlawful”.
Speaking at the Labour Day observations on Monday, a tough-talking Ruto said never again shall lawlessness reign in Kenya as was witnessed during previous Azimio demonstrations.
Ruto said the strategy by Raila and his brigade is to force him into a power-sharing deal.
“I want to assure you here today that it's not possible,” the President emphasised. “I will not allow destruction of property, destruction of businesses and for our children to fail to go to school, because some people want to force us to share government. That will not happen.”
Echoing a statement by the police, the President maintained that previous Azimio protests have been nothing but anarchy and chaos.
The head of state signalled a possible unleashing of state power on goons and law breakers, promising to fiercely protect the rights of all Kenyans.
“That is why we have a government and that is why our security agencies are paid to protect the lives, property and businesses of every citizen and that is the job I was hired by the people of Kenya to do and I will do it diligently without hesitating,” he said.
He went on, “As a country, we respect everybody's right. We respect our brothers in the opposition because they have a constitutional role to undertake in the opposition.
"But we also know what democracy looks like, we also know what human rights are. It's nothing to do with violence, it's nothing to do with anarchy, it's nothing to do with destruction of property and destruction of livelihoods and destruction of people's businesses. That is not democracy, that is not human rights.”
Ruto has twice last week reminded the Azimio that he is the commander in chief of Kenya's defence forces.
“I am the President of Kenya. And if you want to continue mtajua hamjui,” he said.
But addressing the press minutes after Ruto's speech at Uhuru Gardens, Raila said the demonstrating are set to start at 6am.
He maintained that the protests are protected under the Constitution and no one, not even the President, has powers to lift the right, unless he suspends the Constitution.
“Police cannot decide in advance that there shall be violence and then proceed to ban political activities that are protected by the Constitution. That is the making of a dictatorship. It amounts to a suspension of the Constitution. We will resist,” Raila said at a joint press conference attended by Wiper leader Kalonzo Musyoka.
“We repeat that the only violence and destruction of property that have taken place during our activities are when police invaded our marches and when Gachagua hired goons to invade the Kenyatta family farm and stole sheep and cut down trees. It is instructive that to date, nobody has been arrested over that invasion of the farm. Nobody has been arrested over the destruction of Spectre International factory by goons hired by the same Gachagua.”
On Sunday Raila sensationally claimed the state is plotting to kill him and other Azimio leaders during the protests.
He dragged the President, his deputy and Trade CS Moses Kuria's names into the alleged assassination plot.
He said they have made sentiments to the effect that he or a key member or members of Azimio would be killed to put a stop to the demos.
“The latest grim warring has come from William Ruto who yesterday vowed to stop the planned demonstrations at all costs and declared them nonsense,” the former Prime Minister alleged.
On Monday Gachagua called on Raila and his team to suspend the demos and give the bipartisan talks in Parliament a chance.
The talks hit a snag after the opposition team suspended its participation protesting the inclusion of Eldas MP Adan Keynan in the committee.
Keynan was elected on Jubilee, one of the affiliate parties in Azimio but he swiftly changed his allegiance to Ruto after the elections.
Central Organisation of Trade Union secretary general Francis Atwoli said Raila's planned protests will not succeed in kicking out Ruto from power.
Atwoli, while addressing Labour Day celebrations said Ruto ascended to power against a mighty Azimio that had all the political arsenal.
“Getting Ruto out of office is a dream. Let us not dwell with an impossibility that will not help the country,” he said. "We had a president, we had ministers, including powerful ones like Matiang'i who were in charge of Interior and we had money, we had everything but we still lost.”
In a statement to newsrooms, Deputy Inspector General of Police Noor Gabow said the recent Azimio protests have been symptomatic and laced with unacceptable trend of criminal incidents.
“In the interests of national security, we wish to notify the public that the planned demonstration or assembly is unlawful,” he said.
On Monday, the Kenya Human Rights Commission told off the government over the banning of opposition protests.
The civil society organisation headed by Davinder Lamba said the Public Order Act does not in any way give police or even the President powers to allow or disallow public protests and gatherings.
“We wish to reiterate that Kenya is democratic and not a police or military state and therefore the President and County Commander of Nairobi have no mandate within the law to curtail fundamental rights and freedoms,” KHRC said.
The Azimio brigade plans to present a petition to the IEBC, the Office of the President, the National Treasury and the Public Service Commission.
All the offices are situated at the heart of the city.
Raila's team says they want to petition IEBC on the alleged doctored presidential election results and to demand the opening of the poll servers.
“We shall also petition the IEBC against the sacking of the four commissioners because it sets a dangerous precedent where all commissioners would have to agree with the chairperson," he said.
Raila announced they would also petition the Office of the President on the high cost of food, fuel, electricity and school fees.
“We will further petition the Office of the President to desist from invading and destroying rival political parties,” he said, citing the upheavals in Jubilee Party.
Azimio seeks to petition the Treasury for the immediate release of funds owed to counties and the timely payment of salaries to civil servants.
The opposition says it would go to PSC to demand that appointments to public offices be done on merit and inclusivity, not tribe.