Nairobi Senator Mike Sonko and his Siaya counterpart James Orengo representing Cord Coalition leaving Milimani Law court after the hearing of application filed by Senator Mike Sonko.
BY SAM ALFAN.
High court has set a date when it will deliver its decision as to whether to vary orders requiring CORD Principals to hold peaceful public rallies and carry responsibility if any chaos and destruction of properties occurs during the meeting.
Justice Isaac Lenaola said that he will make the decision on August 26, but the orders as recorded in the consent form will in remain in force until then.
The consent orders which has been contested by the CORD Leaders was crafted and signed by representative from lawyer appearing for Nairobi Senator Mike Sonko, the office of the attorney general and an advocate from law firm of James Orengo representing Cord Coalition.
Today when the matter came for hearing CORD applied to have the consent order set aside on grounds that infringes into their fundamental rights to freedom of expression and assembly.
However the move they have the order varied was strongly opposed by Sonko’s lawyer Harrison Kinyanjui, saying that such an order remain in force as the CORD leaders have openly expressed that they will call for mass action if the government does not call for dialogue on issues affecting the county.
The judge had made the orders on an application filed by Sonko seeking injunction to bar Coalition for Reform and Democracy and the Jubilee coalition from engaging in violence and destruction of properties.
The order sought against the two Coalition Political Parties are meant o prevent a breach of peace and violation of fundamental rights and freedoms of innocent Kenyans.
Sonko says that due to what has been experienced from the recent political rallies, there has been chaos that has been exhibited from the regions where such meetings have been held and the government is unable control the ethnic violence.
He says in his application that no provision is provided for in the constitution that gives power to private individual to declare any day a public holiday, the same can only be declared by Parliament.
The sentiments already expressed by certain individuals on the impending rallies has created fear amongst members of the two Coalition and there is need to issue the injunction over the coming public rallies, the petitioner says
The incitement and hate speech already witnessed is creating ethnic tensions that has resulted to destruction of properties and loss of lives.