The High Court in Nairobi has rejected a plea to block the Azimio protests in a case filed against retired President Uhuru Kenyatta and former Prime Minister Raila Odinga. Justice Lawrence Mugambi has instead directed Martin Gitau, an ally of United Democratic Alliance (UDA) blogger Dennis Itumbi, to serve the court papers within the next three days and appear before the court for a mention on September 21, 2023.
Justice Mugambi also ordered Raila, Uhuru, Orange Democratic Movement (ODM), and Azimio la Umoja One Kenya Coalition Party to respond to the case within 10 days of receiving the documents.
In the case, Gitau, represented by lawyer Adrian Kamotho, argued that the Azimio protests scheduled for Wednesday, Thursday, and Friday of this week are illegal and intended to cause destruction. He accused protestors of engaging in vandalism and looting during previous demonstrations.
"Unless this honorable court intervenes, the petitioner is apprehensive that the respondents herein shall proceed in their unlawful course of unlawful and violent protests, to the detriment of the majority of law-abiding citizens who deserve to carry on with their daily activities without disruptions," stated Dr. Kamotho.
Although Gitau sued Uhuru, he did not clarify the role the former President played in the demonstrations. Instead, he claimed that Uhuru was being sued as the chairman of the Azimio Council.
Gitau, who identifies himself as a businessman, alleged that Raila called for protests against the government on July 2, 2023, resulting in chaos and looting in various parts of the country. He argued that the three-day protest notification for this week is illegal, as it violates Article 37 of the Constitution, which allows demonstrations under the condition that they remain peaceful.
"Contrary to the law, the respondents continue to mastermind, orchestrate, and sponsor a systemic campaign of violent protests, chaos, destruction, and death of innocent citizens as well as security officers. Unless this matter is heard and orders sought granted, the respondents shall continue to endanger lives, destroy critical infrastructure, loot businesses, and cripple the economy to an extent that cannot be compensated by way of damages," Gitau asserted.
He further emphasized that Kenyans are already facing difficulties, and the protests will exacerbate their challenges, making their lives even more difficult.