Former Chief Justice Willy Mutunga on Friday, July 7, called out Interior Cabinet Secretary Kithure Kindiki and Attorney General Justin Muturi over police brutality meted on protestors during the Saba Saba demonstrations staged by the Azimio coalition.

Speaking in Nairobi, Mutunga opined that the duo, by virtue of their rich experience in law, should be the ones advising and guiding the Inspector General of Police Japhet Koome and his troops on how to handle protestors. 

He asserted that the duo had immersed themselves into their political careers and forgotten about their cardinal responsibility which is to give the government sound legal advice and serve Kenyans diligently. 

According to the retired Chief Justice, the government's move to arrests protestors arbitrarily was unnecessary considering that they had not broken the law.

Kindiki is a professor of Law with a background in International Human Rights Law and Democracy from the University of Pretoria, South Africa.

Muturi on the other hand served as Principal Magistrate at the Nairobi Law Courts from 1983 - 1997. 

"They have become politicians and forgotten about their law. In my view, those are the people who should be telling the IG what the Constitution says. The government will actually look very good if the police protect people to demonstrate.

"The police ought to protect the protestors and not arrest them. We have a police force that is not decolonised. The IG should be told about Articles 37 and 238 of the 2010 Constitution of Kenya," he stated.  

Article 37 touches on the right to assembly, demonstration, picketing and petition while 238 touches on principles of national security including how the police should handle Kenyans in such scenarios.

"National security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms and in performing their functions and exercising their powers, national security organs shall respect the diverse culture of the communities within Kenya," reads the Article in part. 

Additionally, Mutunga acknowledged that the time had come for the security agencies to be held accountable for manhandling protestors to tame the overzealous policing witnessed in recent years.

The former CJ made the remarks while in the company of activist Boniface Mwangi as they bought foodstuff and other basic commodities for activists arrested during the Saba Saba rally.

The duo, flanked by other lawyers also lobbied for the release of the arrested protestors but their efforts did not yield fruit.

According to civil societies, over 17 activists were arrested by the police in Nairobi. Various agencies such as Amnesty International and the Civil Freedom Forum demanded for their release. By Washington Mito, Kenyans.co.ke