Businesses Hurt As The Riot Police Engaged Protesters In Running Battles
The Mt Kenya Times 
Scenes around Nairobi CBD as Azimio anti-gov’t protests escalate. PHOTO| Courtesy
By: Joseph Mutua Ndonga
Worth Noting:
- The post-election violence of 2007 may have also taught them a big lesson bearing in mind then Inspector General of Police (IGP) Mohamed Ali was among the six Kenyans charged at International Criminal Court (ICC). The charges against all of them were later dropped.
- For IGP, the going was tough and so no officer would not to go through this kind of experience.
- We have come along way as Kenyans. It is worth to note that during the reigns of previous regimes, particularly President Daniel Arap Moi’s government, the demos always ended on a sad note. Dozens of people would be shot dead.
Business people in Nairobi Central Business District (CBD) suffered a huge loss as mass action protest called by Azimio La Umoja-One Kenya Coalition leader Raila Odinga rocked the capital city.
Going by the estimation of Deputy President Rigathi Gachagua, they incurred a loss of more than Sh2 billion.
As a result, the DP, who spoke in Mombasa, would not take this matter lightly.
He called on Azimio brigade to immediately call off the demos so that the traders can open thier businesses.
He knew most of the businesses affected belonged to the people of Mount Kenya region.
This time, it is only a few cases of injuries, looting and destruction of properties that were reported. There were no major incidents.
The police tried as much as possible to restrain themselves. We never heard any fatal incident.
The claims of two fatalities made by Embakasi East MP Bobu Owino could not be independently authenticated.
For the police, the restraint showed the police reforms factored into 2010 constitution were bearing fruits.
The post-election violence of 2007 may have also taught them a big lesson bearing in mind then Inspector General of Police (IGP) Mohamed Ali was among the six Kenyans charged at International Criminal Court (ICC). The charges against all of them were later dropped.
For IGP, the going was tough and so no officer would not to go through this kind of experience.
We have come along way as Kenyans. It is worth to note that during the reigns of previous regimes, particularly President Daniel Arap Moi’s government, the demos always ended on a sad note. Dozens of people would be shot dead.
This situation reared ugly head during the clamor for Multi-Party democracy and a new people-driven constitution.
A day before the Azimio demos, the Nairobi police commander issued a statement stating that their protests alongside that called by Nairobi business community have been cancelled.
He said this is because they had not complied with law that required the notification be made three days before.
But in a swift rejoinder, Raila denounced the statement, calling it a ploy to stop the Azimio supporters from exercising thier constitutional rights.
The work of the police, he argued, is to provide security to the protesters but not to lecture and dictate them how to do it.
This brings me to the question. Is the law on notification anchored in the constitution? If yes, then the Azimio brigade should have cooperated.
But I heard Raila saying the Azimio coalition chairperson and former Kakamega governor Wyclifee Oparanya had already informed the Inspector General of Police. In light of this, it is hard to know where the truth lie?
Raila had promised that the demos would be peaceful and held within the confines of laws. This did not come to pass. In Kisumu, three vehicles were torched.
For me, my focus is mainly hinged on the the three main demands that Raila want President Ruto to address.
One, to immediately bring down the high cost of living.
Two, order the opening of 2022 presidential election servers.
Three, reinstate the ‘Cherera four’, the IEBC commissioners, who had rejected the results declared by thier chairman Wafula Chebukati that Dr William Ruto had won the election. Dr Ruto victory was also upheld by the Supreme Court.
I want to say this. The majority of Kenyans only support one demand. The one on high cost of living.
President Ruto has no legal mandate to address the other two.
On the issue of servers, Raila should seek redress from the IEBC and Supreme Court of Kenya.
If he believes that the dossier he allegedly received from whistle blower contain a water-tight evidence, he he is free to file a new petition at the apex court.
As for the ‘Cherera four’, the president hands are tied. He has no power to reverse the decision. This is because the law was followed to the letter.
When it comes to removal of the commissioner (s), the provisions of constitution are very clear. The process starts with the submission of the petition (s) to Justice and Legal Affairs Committee of National Assembly.
If the committee agrees that grounds raised met the threshold, the chairman presents the report to the plenary of the whole house.
If adopted, the Speaker takes the report to the President with a recommendation to set up a tribunal. If the tribunal finds them guilty, the president is left with only one option, send them packing. Thereafter, the head of state kicks up the process of replacing them.
This is the law. Raila has all along been politicizing this matter. I think a time has come for him to follow the law.
For Dr Ruto, he has always been maintaining that his fidelity to the supremacy of the constitution is beyond reproach.
We recall that Raila was a leading light during the referendum campaign that culminated to the adoption of the current constitution.
He is now fighting the same laws simply because he has failed to have his way.
The constitution is written for posterity but not to serve the whims or ego of an individual.
Joseph Mutua Ndonga is a writer and political analyst based in Nairobi
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