Law Society of Kenya v Attorney General & another [2021] eKLR 54. The Respondents also submit that the Petitioner has not adduced evidence of any discriminate treatment as alleged or at all and that the claim on that score ought to be dismissed. The Respondent respectfully submits that the Petitioner who had both the legal and evidentiary burden of proof has failed to discharge either in the present case and consequently the same should fail. They cited a decision by yours truly in Ahmed Mohammed Noor v Abdi Aziz Osman [2019] eKLR where the Court dealt with the legal and evidential burden of proof. 55. It was recalled that the 2nd Respondent specifically responded to the Petitioner’s general allegation in its replying affidavit wherein it was deposed inter alia that; That under the Public Order Act. Cap 56, Part III (Public Gathering) Section 5 titled Regulation of Public Meeting and • Processions clearly indicated that the Act prescribes the manner of holding public meetings and processions. • That Section 5(2) of the Act requires any person who desires to hold a public meeting or procession to give notice to the Officer in Charge of Station (OCS) within whose jurisdiction the said meeting or procession is to be held. • That the police presence during such meetings is for the purpose of ensuring that those attending a meeting or take part in a procession are not harmed, removal of those bent on disrupting the orderly conduct of the meeting and management of crime generally. • That the Notice helps the Police to make security arrangement to facilitate orderly conduct of such meetings and route clearance in the case of processions. • That the Notice to the OCS offers a forum for the conveners and police to discuss the manner in which the meeting will be conducted, to make plans on how to deal with any breach of peace, the handling of suspects of crime including giving those who are not taking part a notice of the likelihood of being inconvenienced as a result of the intended gathering or procession and to allow those who wish to make adjustments to do so. • That in the case of processions, to the determination the route, diversion of traffic, warning of other road users, maintenance of general safety and traffic management. • That every public meeting or procession is unique and security arrangements are therefore assessed and made on a case-by-case basis having regard to the peculiar circumstances of each case. • That the OCS may depending on the prevailing of projected scenarios advise the conveners not to hold a public meeting on a specific date and/or venue based on intelligence reports and/or credible information. • That based on the relevant OCS’ evaluation, which usually includes factors like sufficiency of personnel or logistical support available, projected threat and magnitude of insecurity incidences, the OCS may therefore advise the conveners to hold a meeting at a different location to avert confrontation or at a later date when the risk of a breach of peace would have dissipated or when sufficient numbers of police officers and other logistical support is made available to meet the level of the threat. • That the Law Society Kenya has had a most cordial engagement with the National Police Service in respect to its public meetings or processions evidenced as recent as on 12th October 2020 when the President of the Law Society of Kenya led a group of twenty or so of its members to the precincts of Parliament, following a notice to occupy Parliament. • That the group of lawyers was received by the Sub-County Police Commander (SCPC) Central, Mr. Mark Wanjala, SSP and the OCS Parliament CI. Hellen Nthambi (Ms) who promptly sought directions from the Clerk of the National Assembly Mr. Michael Sialai and thereafter the group was ushered into Parliament precincts without incidence. • That the procession organized by the Law Society of Kenya was without incidence because there was ample Notice of the same in accordance with allowed for facilitative security arrangements to be made. • That the police were aware that the intended fundraiser meeting at St. Leo Catholic Church Shianda, Mumias East Constituency http://www.kenyalaw.org - Page 16/34