REPUBLIC OF KASKAZINI

IN THE HIGH COURT OF KASKAZINI AT JIJI KUU

CONSTITUTIONAL PETITION NUMBER E001 OF 2024
IN THE MATTER OF ALLEGED CONTRAVENTION OF THE RIGHT TO
ASSEMBLY,
DEMONSTRATION, PICKETING, AND PETITION UNDER ARTICLE 37
OF THE
CONSTITUTION OF KASKAZINI, 2010.
BETWEEN
THE LAW SOCIETY OF KASKAZINI………………………1ST
PETITIONER
INDEPENDENT AND OVERSIGHT AUTHORITY………..2ND
PETITIONER
KUDONJO GEN Z……………………………………..………..3RD
PETITIONER
AND
THE HONOURABLE ATTORNEY GENERAL………….1ST
RESPONDENT
THE INSPECTOR GENERAL OF POLICE………………2ND
RESPONDENT
THE KENYA DEFENCE FORCES COUNCIL………….3RD RESPONDENT

RESPONDENTS` SUBMISSION
Table of Contents
List of abbreviations....................................................................................................................................2
Summary of facts.........................................................................................................................................3
ARGUEMENTS..........................................................................................................................................4
ISSUE 1: Whether the court has jurisdiction and whether the petition and respondents have the locus
standi to bring the present suit.................................................................................................................4
ISSUE 2: Whether the use of force by the national police service in this case was justifiable under the
COK and international law......................................................................................................................5
ISSUE 3: Whether the deployment of the KDF to support the national police service in maintaining law
and order, according to a recommendation by the cabinet secretary incharge of internal security,Mr
Kibiki Kibure internal security was constitutional and compliant with the COK....................................6
ISSUE 4: Whether the petitioners are entitled to remedies (if any) under the COK and international law.
.................................................................................................................................................................6
PRAYERS...................................................................................................................................................7

List of abbreviations

Abbreviation Description

CoA Court of Appeal

COK Constitution of Kaskazini

ICC International Criminal Court

ICCPR International Convention on the Civil and

Political Rights.

KDF Kaskazini Defence Forces

 NPA National Police Act

SUMMARY OF FACTS

This petition arises from a series of protests that occurred on June 21, 2024, in the Republic of Kaskazini,
where demonstrators expressed their discontent with the government, particularly regarding the 2024
Finance Bill. The protests escalated into violence, leading to the deployment of the National Police
Service, which utilized tear gas and live ammunition to disperse crowds. Reports indicate that
approximately 300 individuals lost their lives during these events, prompting public outcry and
allegations of human rights violations.

In response to the unrest, the cabinet secretary for internal security, Mr. Kibiki Kibure, announced the
deployment of the Kaskazini Defence Forces (KDF) to restore order, citing a state of emergency. The Law
Society of Kaskazini and other petitioners have since filed this suit, alleging violations of their
constitutional rights under Article 37 of the Constitution of Kaskazini, which guarantees the right to
assembly, demonstration, and petition.

A. Whether the court has jurisdiction and whether the petition and respondents have the locus
standi to bring the present suit.

The Respondents submit that this High Courtof Kaskazini has jurisdiction to hear this matter as it pertains
to constitutional interpretation and enforcement under Article 22 of the Constitution of Kaskazini. This
provision allows any person to seek redress for violations of constitutional rights. The petitioners,
representing the Law Society of Kaskazini and the Independent and Oversight Authority, possess the
requisite locus standi to bring this suit, as they are directly involved in the protection of the rule of law
and human rights within the Republic. The third petitioner, representing a citizen, also has standing as a
victim of the alleged violations, thus fulfilling the requirements for locus standi as established in Anarita
Karimi Njeru v. Republic [1979] KLR 154.

B. Whether the use of force by the national police service in this case was justifiable under the
COK and international law.

Article 24 of the Constitution allows for the limitation of rights, including the right to assembly, where
such limitations are reasonable and justifiable in an open and democratic society. The police were faced
with a situation of escalating violence and potential insurrection, which necessitated a measured
response to maintain public order and safety. Section 4 of the NPS Act empowers the police to maintain
law and order, which includes the use of reasonable force when necessary. Section 87 of the NPS Act,
permits the use of reasonable force to disperse unlawful assemblies. The actions taken by the police
were in line with international standards for law enforcement, which recognize the need for
proportionality in the use of force.

The Respondent contends that the use of teargas and other crowd control measures was a necessary
response to the violent nature of the protests. The police were faced with a situation where protesters
were not only expressing dissent but were also engaging in acts that threatened public safety, including
potential violence against law enforcement and other citizens.
 C. Whether the deployment of the KDF to support the national police service in maintaining law
and order, according to a recommendation by the cabinet secretary incharge of internal
security,Mr Kibiki Kibure internal security was constitutional and compliant with the COK.

The deployment of the KDF to assist the National Police Service was conducted under the authority
granted to the executive branch of government. The Kaskazini Defence Forces Act allows for military
assistance in maintaining public order during crises. The Respondent argues that this deployment was
constitutional and necessary given the scale of the unrest. The Respondent asserts that the government
was operating under a de facto state of emergency due to the violent protests. In such situations, the
government has the responsibility to ensure the safety and security of its citizens. The deployment of the
KDF was a measured response to restore order and prevent further escalation of violence. Article 241(3)
of the Constitution provides for the deployment of the military in support of civilian authorities in
situations of national emergency. The decision to deploy the KDF was based on recommendations from
the cabinet secretary for internal security, Mr. Kibiki Kibure. This decision was made after careful
consideration of the circumstances and the potential risks involved. The Respondent argues that the
cabinet's recommendation reflects a collective judgment that the situation warranted military support.

D. Whether the petitioners are entitled to remedies (if any) under the COK and international law.

The Respondents submit that the petitioners are not entitled to the remedies sought under the
Constitution of Kaskazini and International Law. While the Respondents acknowledge the tragic events
that transpired, they maintain that the actions of the police and military were lawful and justified under
the circumstances. Therefore, there is no basis for reparations or other remedies as the alleged
violations of rights were not committed in bad faith or with malice.

Moreover, the Constitution of Kaskazini provides mechanisms for accountability and redress through
established legal channels, which the petitioners have not exhausted prior to seeking judicial
intervention. The case of Mumo Matemo v. Trusted Society of Human Rights Alliance & 5
Others [2013] eKLR emphasizes the importance of exhausting all available remedies before approaching
the court for relief.
PRAYERS

wherefore, the Respondents respectfully pray for the following :

i. That the Court dismiss the Petitioners' application in its entirety for lack of merit and uphold the
actions taken by the National Police Service and the Kaskazini Defence Forces as lawful and
justified under the Constitution of Kaskazini and applicable laws.
ii. That the Court finds that the Respondents acted within their constitutional and legal mandate in
responding to the protests and maintaining public order during the events of June 21, 2024.
iii. That the Court orders the Petitioners to bear the costs of this Petition, as the Respondents have
been compelled to defend their lawful actions against unsubstantiated claims.
iv. Any other relief that the Court may deem fit and just in the circumstances of this case.