The Kenya National Commission on Human Rights (KNCHR) has issued a statement saying politicians should not confuse anarchy with democracy.
In what may be the strongest indictment against the sustained protests by the Coalition for Reforms and Democracy (Cord), KNCHR says Cord has failed to petition the National Assembly with substantive justification for the removal of the commissioners.
While lauding the suspension of the demonstrations to give dialogue a chance, the body says any dialogue on removal of the Independent Elections and Boundaries Commission (IEBC) Commissioners, or disbandment of the Commission must be guided by the Constitution of Kenya.
“Cord has continually asserted for some time now that, as currently constituted, the IEBC is incapable of conducting the next general elections. They have therefore, embarked on a sustained campaign of street protests and demonstrations to force the IEBC Commissioners out of office. It is unclear whether Cord is targeting specific individuals or all the Commissioners,” the statement reads.
The statement sent to newsrooms on Thursday says that Cord’s push to have IEBC commissioners removed from office is “a move that undermines constitutionalism and the rule of law; a blueprint for anarchy”.
KNCHR says that the procedures for appointment and removal of Constitutional Commissions and independent offices who breach the constitution is outlined in Chapter Six of the constitution.
“Further, the article stipulates that these officers are subject only to this constitution and the law, and are not subject to the direction or control by any person or authority,” it adds.
Constitutional office holders may only be removed when a petition is filed in parliament if they violate the constitution, gross misconduct, physical or mental incapacity, incompetence or bankruptcy.
“Thus, riotous street demonstrations and protests are not the prescribed constitutional procedure. By calling for demonstrations, Cord is exerting political pressure to circumvent the rule of law and constitutional order.”
KNCHR adds: “While Article 37 of the constitution secures the right to assemble, demonstrate, picket and present petitions to public authorities, one can only exercise this right when peaceful and unarmed. Any departure from this minimum standard, through disrupting commercial businesses, destruction of properties, throwing rocks and stones, threatening other road users, bringing down gates, hurling insults, turning violent-immediately negates this right.”
The body says that unnecessary violence must be opposed by peace loving patriots as persistence of the recent chaos will only destabilise the country.
The statement signed by the chairperson Kagwiria Mbogori ended: All political actors are hereby put on notice – Do not confuse Kenyans: Anarchy is not democracy. You may be confused but we are not.