By:Athuman Luchi
Police have launched investigations into an attack involving members of civil society who went to the Mombasa County Assembly to present a petition, with both the police and the County Assembly condemning the confrontation and calling for respect for the law.
Coast Regional Police Commander Ali Nuno Dubat said a multi-agency team comprising officers from the Kenya Police Service, Directorate of Criminal Investigations (DCI) and Administration Police Service (APS) had been constituted to investigate the incident, identify those responsible and ensure they face prosecution.
Police condemned what they described as an attack on innocent and unarmed civilians, saying the failure by the organisers to notify authorities did not justify violence.
“Two wrongs do not make a right,” the police said, while warning that violence against civilians was unacceptable and posed a threat to democratic freedoms.
The Mombasa County Police Command has consequently been directed to escort civil society representatives, youth and members of the Fourth Estate when they return to present their petition.
The petition is expected to be presented in consultation with the leadership of the County Assembly on a date and time to be agreed upon.
However, the County Assembly of Mombasa has given a different account of the events, strongly condemning what it termed disorderly and unlawful conduct at its premises by a group of individuals purporting to be activists.
According to the Assembly, the group arrived accompanied by masked individuals and allegedly blocked access to the Assembly building, disrupting traffic and interfering with the normal conduct of House business.
The Assembly said it recognises and respects the constitutional right of Kenyans to peacefully express their views and petition public institutions, but insisted that such rights must be exercised within the law and with consideration for the safety and rights of other members of the public and public institutions.
The Assembly said it was particularly concerned that the group allegedly resorted to confrontational behavior, violence and demonstrations after objecting to access arrangements for a limited number of people entering the premises.
It maintained that the Assembly precincts remain open to members of the public through established procedures and security protocols, noting that public access does not exempt the premises from laws governing security, safety and orderly conduct.
The County Assembly warned that it would not tolerate violence, intimidation or disruptions that interfere with its legislative duties.
It said its security personnel, together with relevant security agencies, would remain vigilant and take lawful measures to protect Members of the County Assembly, staff, visitors and members of the public from insecurity or unlawful disruption.
Both sides have called for peaceful engagement, with the police urging civil society groups to notify authorities in good time and ensure that future demonstrations remain peaceful, unarmed and free from provocation.
The County Assembly, meanwhile, urged civil society organisations and members of the public seeking to petition the institution to use established channels for petitions, public participation and engagement.
Police have also called on the County Assembly leadership to uphold the Constitution and guarantee the right to peaceful petition as provided under Article 37 of the Constitution of Kenya.
The incident has sparked renewed debate over the balance between the constitutional right to peaceful assembly and petition, and the responsibility of citizens and public institutions to maintain security and orderly conduct within public premises.
The County Assembly has reaffirmed its commitment to constitutionalism, public participation and democratic engagement, while rejecting violence and unlawful conduct within or around its premises.