Police Spokesman Charles Owino, he had warned of stern action for those who will instigate violence after the elections but Justice Mbogholi Msagha has countered the warning saying Kenyans have the right to protest. Photo/the-star.co.ke

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Justice Mbogholi Msagha has said Kenyans have the right to protest after the elections. This comes as the opposition claimed that government’s plans to enact a law criminalizing mass action after the polls.

The move is part of measures the government has outlined to avert post-election violence like witnessed in 2007/08 election. 

Msagha however, clarified that it should be within the precincts of the law. 

He added that banning protests is not among the proposals the Judiciary has made for amendments in the Constitution. ““I am critical in that regard. So you can go out and picket because it is within the law,” he said. 

Msagha said Police Spokesman Charles Owino warned of stern action for those who will instigate violence. 

Msagha was speaking during the second Multi-Sectoral Forum at Ufungamano House in Nairobi.

“We as the Judiciary is prepared to hear and determine any election petition brought before us,” said Msagha. 

He, however, pointed out the limited time provided in the Constitution to determine presidential election petition and urged MPs to adjust it to 30 days.