By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted Monday, February 20 2012 at 22:30
Posted Monday, February 20 2012 at 22:30
A court order blocking anti-narcotics protests against Kilome MP Harun Mwau has elapsed without him seeking further restrictions.
The MP obtained orders in January restraining former Ethics and Governance PS John Githongo from leading a demonstration linking him with alleged drug trafficking but he did not ask for an extension when the case came up for hearing last week.
Mr Mwau claimed Mr Githongo and other civil society activists planned a series of demonstrations against him for the next six months and that the planned actions were criminal as they would threaten his life and paralyse his businesses.
He told the court that a communication released by Mr Githongo showed the lobbyists are planning to spend up to Sh90 million on demonstrations in Coast, Western, Central, Nairobi and Rift Valley regions.
But the former Ethics and Governance PS has now protested against the court order, saying the suit by Mr Mwau was meant to intimidate and harass him and other activists to silence them.
“The proceedings filed by Mr Mwau are a violation of our fundamental rights and freedoms of assembly, expression, opinion, demonstration, free media and security as guaranteed in Article 29, 32, 34 and 37 of the Constitution,” said Mr Githongo in suit papers.
Mr Mwau claimed that the intentions of the activists was to provoke President Kibaki’s family into ordering the police to intervene brutally, which would result in the White House asking State House to give the demonstrators a free rein.
He claimed that in November 2010, then US Ambassador Michael Ranneberger fabricated reports that he was a drugs kingpin, a report he said was used by US President Barack Obama to designate him under the US Kingpin Act.
Mr Mwau named Mr Githongo, lawyer Ndung’u Wainaina, Mr Tom Mboya, Mr Ndura Waruinge, Mr Michael Kiragu, Mr Kenneth Mungai, Mr Fred Bunde, Mr Edwin Mutuuri, Mr George Nyongesa, Twaweza ni Sisi, and the Attorney-General as respondents in the suit.
Mr Githongo and the other activists denied the allegations, saying they were based on false information, forged documents and fictitious events.
They sought that the orders be lifted, arguing that they were employed by NGOs and the order blocked them from carrying out their day-to-day activities.
Mr Githongo swore an affidavit denying allegations that they held a meeting at the residence of the British High Commissioner and that they published defamatory articles linking Mr Mwau to drug trafficking.
Mr Githongo submitted that it was false for Mr Mwau to insinuate that he was engineering public demonstrations and chaos targeting the first family, and that he intended to publish defamatory articles to bring down his business empire.
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