Kayihura erred on the law to hold rallies
Jan 29, 2008
I write to respond to the letter by the Inspector General of Police (IGP), Maj. Gen. Kale Kayihura dated January 28 titled “Gazetting areas is not illegal.†The IGP’s response is misleading.
Odonga Otto
I write to respond to the letter by the Inspector General of Police (IGP), Maj. Gen. Kale Kayihura dated January 28 titled “Gazetting areas is not illegal.†The IGP’s response is misleading. Article 29 (d) of the Constitution provides that every person has a right to freedom to assemble and to demonstrate together with others peacefully. There is no exception to this clause.
I concur with the learned IGP that statutory instrument No. 5 of 2007 was issued under the Police Act (Cap 303) and the latter was made under Article 214 of the Constitution. However, the the Constitution is the supreme law of the land as per Article 2(2) and any law inconsistent with it is null and void to the extent of its inconsistency.
I also concur with the IGP that Article 212 of the Constitution gives the Police the function to maintain law and order, protect life and property and to prevent and detect crime (we all need a crime free society) or act in public interest.
However, the framers of the Constitution knew that one day someone with a huge lust to suppress political freedom would be IGP, and they provided for Article 43(2) to curb those excesses. Article 43(2) provides that public interest under this article shall not permit:
a) Political persecution
c) Any limitation beyond what is acceptable and demonstrably justifiable.
Why is it not political persecution when the Police blocked the rally by Erias Lukwago, the Kampala Central MP, yet he was exercising his constitutional mandate under Article 79 as the area MP? Why does the problem begin with Lukwago and not Francis Babu or Margaret Zziwa? Why, did the police opt to ban my rally when I wrote requesting the IGP to provide security to address one at the city square against the Kiboko militia? Lastly, the function of interpretation of the law is in the domain of the Judiciary and not the Police. The Police should not give themselves the role of granting or rejecting permission where protection, not permission, is sought.
Mr. IGP, you may be seen to be partisan, like your predecessors, if you continue crushing the opposition.
I would not love to see a former IGP tear gassed when he is organising a rally for his party, because freedom is good for all irrespective of political affiliation
Struggle will always be part of our lives and we shall attempt to do it democratically and not join the bush the way some people did in 1980 when such rights were infringed on.
The writer is the MP for Aruu County
I write to respond to the letter by the Inspector General of Police (IGP), Maj. Gen. Kale Kayihura dated January 28 titled “Gazetting areas is not illegal.†The IGP’s response is misleading. Article 29 (d) of the Constitution provides that every person has a right to freedom to assemble and to demonstrate together with others peacefully. There is no exception to this clause.
I concur with the learned IGP that statutory instrument No. 5 of 2007 was issued under the Police Act (Cap 303) and the latter was made under Article 214 of the Constitution. However, the the Constitution is the supreme law of the land as per Article 2(2) and any law inconsistent with it is null and void to the extent of its inconsistency.
I also concur with the IGP that Article 212 of the Constitution gives the Police the function to maintain law and order, protect life and property and to prevent and detect crime (we all need a crime free society) or act in public interest.
However, the framers of the Constitution knew that one day someone with a huge lust to suppress political freedom would be IGP, and they provided for Article 43(2) to curb those excesses. Article 43(2) provides that public interest under this article shall not permit:
a) Political persecution
c) Any limitation beyond what is acceptable and demonstrably justifiable.
Why is it not political persecution when the Police blocked the rally by Erias Lukwago, the Kampala Central MP, yet he was exercising his constitutional mandate under Article 79 as the area MP? Why does the problem begin with Lukwago and not Francis Babu or Margaret Zziwa? Why, did the police opt to ban my rally when I wrote requesting the IGP to provide security to address one at the city square against the Kiboko militia? Lastly, the function of interpretation of the law is in the domain of the Judiciary and not the Police. The Police should not give themselves the role of granting or rejecting permission where protection, not permission, is sought.
Mr. IGP, you may be seen to be partisan, like your predecessors, if you continue crushing the opposition.
I would not love to see a former IGP tear gassed when he is organising a rally for his party, because freedom is good for all irrespective of political affiliation
Struggle will always be part of our lives and we shall attempt to do it democratically and not join the bush the way some people did in 1980 when such rights were infringed on.
The writer is the MP for Aruu County