Boniface Mwangi: Court Upholds Right to Demonstrate Against Police Violation

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The court has ruled that the rights of human rights activist Boniface Mwangi were infringed upon by the Kilimani OCPD when he was prevented from demonstrating at State House to submit a petition to the president nearly a year ago.

In delivering the judgment on behalf of Judge Isaac Lenaola, Judge Chacha Mwita clarified that the authority to prohibit a march, assemble, or present a petition to State House lies solely with the Officer Commanding Station (OCS), not with any other police officials, including the OCPD.

Judge Chacha emphasized that the obstruction of Mwangi’s march to State House without justifiable cause constituted a violation of his rights. However, the judge also noted that while the constitution imposes certain restrictions on demonstrations at State House, he directed Mwangi to voice his concerns to the president at his office in Harambee House, Nairobi.

Mwangi had approached the court in 2015, seeking an order to prevent the Inspector General of Police, Joseph Boinett, from halting planned demonstrations on December 9, 2015, during which he intended to present a petition to President Uhuru Kenyatta regarding corruption in the country.

In his petition, Mwangi indicated that he had provided written notice to the officers at Central Police Station and Kilimani Police Station about his intention to hold an assembly at Freedom Corner in Nairobi and at State House. He claimed that the Kenya Police denied his application without any justification, arguing that the actions of the Inspector General of Police and the officer commanding the police division to block his demonstration were unlawful.

Mwangi maintained that the Kilimani Police Division’s refusal to allow him and his group to demonstrate at State House Gate A infringed upon their right to peaceful assembly, which includes the freedom to choose the time, venue, and purpose of their gathering.

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