A High Court has declined to stop Azimio la Umoja protests.
Justice Hedwig Ong’undi on Monday ruled that the court cannot force police to ensure peaceful processions and assembly.
This was in response to a petition filed by former Nairobi Governor Mike Sonko.
“It would therefore not be proper for these courts to appear to be setting out new regulations and policies which is not within its docket,” Justice Ong’undi stated.
The court further declined to order Inspector General of Police Japhet Koome to arrest the demonstrators.
Justice Ong’undi also said that the court did not have the authority to direct the Interior Cabinet Secretary Kithure Kindiki on who to arrest.
“It would therefore not be proper for these courts to appear to be setting out new regulations and policies which is not within its docket,” said the judge.
On whether opposition leader Raila Odinga violated the law by declaring last Monday a public holiday, Justice Ong’undi said the CS Kindiki and IG Koome should know what to do about the matter.
Read Also: Raila Declares Monday a Public Holiday
“We have a principle known as separation of powers,” said the judge.
Sonko asserts in the petition that the “illegal demonstrations” that took place on Monday of last week were intended to illegally oust a duly elected president from office.
The protests, he claims, are “bitter expressions of disaffection over Raila’s loss in the August 9, 2022, presidential election,” despite being camouflaged as “economic protests.”
The opposition said it will be holding demos twice a week; on Mondays and Thursdays.