Kenya - Teargas has no role in democracy

Reproduced from the Daily Nation of 7th December 2006 It looks as though we are approaching the end of the year under heightened political tension. The row over the coup that placed Government allies in the leadership of the Official Opposition has provided a rallying point for those whose mandate is to keep the Government on its toes. The result was the protest on Tuesday that was violently broken up by police in Nairobi. We are likely to see more of such protests in coming days. Tear gas and truncheons may not be enough to cow opposition leaders who have been handed by the Government the ideal issue on which to galvanise protests. Without looking into the legality or otherwise of the coup in Kanu and appearance of Government complicity, the important thing is to ensure the situation does not escalate into violence. We are at a stage in the development of democracy where legitimate protest must be accepted in accordance with the constitutional guarantees on the right to free speech, assembly and association. What is important is that peace prevail, in which case the Government has no cause to call in riot police where there is no threat to law and order. It is thus incumbent on those organising the protests to ensure they remain peaceful, and the organisers must know they will suffer the consequences if the law is broken. But it is also incumbent on the Government to ensure those who wish to legitimately assemble or march are given the freedom to do so.

Police should only come in if it becomes necessary to restore peace. These are principles that must be adhered to as we approach what could become a frenetic election year.

Licencing of political rallies and demonstrations and police action in breaking them up

The last time I checked, if you wish to hold a rally or demonstration of any sort, you only need to notify the authorities of your intention, and there is no requirement that a licence be actually issued.

Today, we have witnessed the ODM rally, which had been cancelled by the Government, duly dispersed with tear gas et al.

The point i want to make here, is whether the police should actually be using the kind of force that they do to disperse such rallies. A combination of the tear gas, water dispensers, arrests, physical beatings by the police appear to be excessive.

There have been furores in the United States recently, when police have been sighted beating up persons who were not a threat to them in any way.

When shall Kenyans decide to put their foot down on violation of their rights?

I have no doubt they have the capacity to do so....properly seen when people walked to work and back to their homes for a few days, when the matatus were on strike while fighting the 'Michuki rules'.

Perhaps their reluctance may be driven by the notoriety of the police to fire off live bullets when breaking up a demonstration....but the wrongs must be righted...some day...hopefully sooner rather than later.

As for Kenyatta, Ruto & Co., have they not yet figured out that they are NOT in power, and that your greatest enemy is the one within your ranks?

I am not surprised by the trump card played by the Government in these matters...only genuine admiration do I have.