Court rules move to bar activist Boniface Mwangis graft protest was unconstitutional

The High Court in Nairobi has declared that Kilimani OCPD violated the constitution by barring Boniface Mwangi and Team Courage from assembling or marching to State House to present a petition to the president regarding corruption during the UN International Corruption Day.

In a judgment written by Justice Isaac Lenaola and read in court by Justice Chacha Mwita, the judge said that powers to bar the march, assembly or present a petition to State House are the sole reserve of the OCS.

Lenaola, however, noted that demonstrating to the State House is legally limited in the constitution hence the reason he directed the petitioner to express his grievances to the president at his Harambee House office in Nairobi.

Mwangi moved to the High Court seeking orders to bar Inspector General of Police Joseph Boinett from stopping demonstrations planned for Wednesday, December 9, 2015.

He also wanted to be allowed to present a petition to President Uhuru Kenyatta regarding the state of corruption in the country on the same day at State House Nairobi Gate A.

In his petition, the vocal activist had stated that on December 3 he delivered a written notice to the officers at Central Police Station and Kilimani Police Station notifying them of his intention to hold an assembly at Freedom Corner in Nairobi and a march to State House Gate A, but the notification was objected by the Kenya Police without providing any reason.