The Bunge la Mwananchi (BLM) in conjunction with the Coalition for Constitution Implementation Kenya (CCI Kenya) is condemning with strongest possible terms the banning of Bunge la Wazalendo sessions around city hall and subsequent placing of police officers at the space to bar members from meetings and are calling on members to defy the ban and continue with their sessions.
BLM and CCI Kenya reminds the police that article 37 of the Constitution of Kenya 2010 guarantees all Kenyans right to Peaceful Assembly and therefore the police risk prosecution for defying the Constitution and protecting and defending the Constitution of Kenya pursuant to article 3 of the Constitution of Kenya 2010.
Furthermore, a fundamental freedom or right in the Bill of Rights as the Right of Assembly can only be limited by Law and only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose and shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.
The Police are therefore not allowed to limit the right of members of Bunge la Wazalendo to meet as the space offers members of the public with an avenue to participate on matters of governance as is required by Law.
If the police continue with the blockade then BLM and CCI Kenya will have no option but to mobilize Kenyans and other members to occupy the space in defiance of the Police order and to defend our right of assembly as per the article 37 of the Constitution of Kenya 2010.