NASA is accusing the government of targeting specific regions and killing residents.
In a petition filed at the high court challenging Dr. Fred Matiangi ban on demonstrations, NASA says that the orders are unconstitutional.
They argue that the police are acting and subjecting the public to unjustified harassment, torture, brutality, and killing in selected regions of the Republic of Kenya.
They want orders stopping the police, DPP from effecting or implementing the ban.
Through lawyer Jackson Awele, NASA claims that the police and the respondent’s agents have unleashed terror, violence and have further gone on a shooting and killing spree more specific in areas perceived to be sympathetic to the political cause of NASA.
NASA also claims that the police and agents of respondents instead of exercising their duty as stipulated by law has turned into merchants of death and brutality and instead of protecting and guiding demonstrators who peaceably and unarmed have continued to exercise their constitutional rights they’ve subjected them into untold misery.
“The applicant has been subjected to constant threats and intimidation by officers of IG and Fred Matiangi and its only fair that this court expeditiously intervenes to secure the applicant’s rights and that of their members in order to preserve their rights and fundamental freedoms as guaranteed under the constitution”.
They claim that the right to freedom to peaceably assemble, picket and demonstrate is a fundamental right and any anticipated and contemplated limitation ought to be done in accordance with the law as stipulated in the constitution.
He claim that Matiangi has no basis on law and criminal liability and culpability on a personal basis and that the threat to arrest the applicant on the basis of criminal conduct is unconstitutional, and prejudicial to the applicants constitutional right. Norman Magaya says that Matiangi acted outside the law and in excess of his powers in directing that demonstrators be arrested and investigated or detained for alleged offenses.
In the petition filed by Norman Magaya, he claims that he has been threatened with arrest, charging and detention by Dr. Matiangi. He says that the intended arrest and detention is premised on his notification issued to the police.
“The applicant is apprehensive that should the court not intervene the applicant and its members shall suffer irreparable gross and fundamental contravention of their constitutional rights and freedoms”.they claim.
They say that a blanket ban on the exercise of fundamental rights and freedoms without any justification whatsoever is unconstitutional and borders on illegality and dictatorship which action goes against the rule of law, international law and constitutional dictates in a democracy.
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