Azimio leader Raila Odinga and former President Uhuru Kenyatta have been granted 10 days to respond to a case in which they have been accused of sponsoring a systemic campaign of violent protests.
Justice Lawrence Mugambi certified the case filed by Martin Gitau as urgent and said he should serve the papers to the respondents within 3 days so as to facilitate a response.
Gitau through Lawyer Adrian Kamotho filed the case on Monday seeking to stop mass protests announced by Azimio Coalition Leader Raila Odinga.
Gitau said protests orchestrated by Raila, Uhuru Muigai Kenyatta, Orange Democratic Movement (ODM) and Azimio La Umoja One Kenya Coalition Party ( all who are respondents), businesses in all the affected areas were thrust into a standstill and the transport system extremely paralysed.
He said if the court doesn't intervene, he is apprehensive that the respondents shall proceed in their unlawful course of violent protests to the detriment of the majority of law-abiding citizens who deserve to carry on with their daily activities without disruptions.
He has asked the court to issue a temporary order restraining the respondents and their agents from holding violent protests, barricading roads, disrupting the lives of non-demonstrators or in any way using the subsisting democratic space to destroy property, intimidate disinterested persons or loot business premises.
Also sought was an order temporarily restraining the Attorney General from releasing or disbursing any share or further allocation of the political parties funds.
But the court did not pronounce itself on the orders sought.
The judge, however, directed the matter to be mentioned on September 21, to confirm compliance and for further directions.
The set date technically dealt a blow to Gitau considering that Azimio demos are scheduled for July 19, 20 and 21.
Gitau in his court papers has accused the respondents of orchestrating and sponsoring a systemic campaign of violent protests, chaos, destruction and death of innocent citizens as well as security officers.
He cited a case of July 2, where Raila, while attending a function in Kisumu, declared July 7 to be a day of protests and asked Kenyans, specifically his supporters, to turn up in large numbers to demonstrate against the government.
"What followed on July 7 was demonstrations characterized by catastrophic violence, tragic chaos, and ruinous destruction of both private and public property," Gitau stated.
He went on to state that on July 11, the Inspector General of Police issued a press statement notifying that the purported demonstrations of July 12 were illegal because the planners had failed to notify the national police service of their intention to carry out the said demonstrations.
The notification, according to the law, is a prerequisite to enable police to provide adequate security to demonstrators and the public.
“Despite the notification of the illegality of the demonstrations of July 12, the respondents incited their supporters into carrying on with the violent protests in different parts of the country triggering massive violence, disorder, and destruction besides the loss of lives of innocent members of the public and law enforcement officers,” read the court papers in part.
