Government Reaffirms Right to Peaceful Protests with Conditions: Said CS Kindiki
The Government of the Republic of Kenya through the ministry of interior has reiterated its commitment to respecting, upholding, and promoting the constitutional right to peaceful assembly, demonstration, picketing, and petitioning authorities.
Speaking at Harambee House today, Interior and National Administration Cabinet Secretary Prof. Kindiki outlined specific conditions to ensure that these rights are exercised without infringing on the rights and freedoms of others.
He emphasized that according to Article 24(1)(d) of the Constitution, the right to protest, like all other fundamental rights, is subject to limitations necessary to ensure public peace and order. Those exercising their rights under Article 37 must adhere to the following guidelines:
1. Remain peaceful and unarmed throughout their activities.
2. Avoid engaging in violence or riots.
3. Maintain public peace.
4. Refrain from intimidating or harassing non-protesters.
5. Inform the police of intended routes and timings.
6. Cease activities by sunset or 6:30 PM, whichever is earlier.
7. Avoid provoking or obstructing law enforcement officers or the public.
8. Follow the guidelines of law enforcement officers to ensure orderly conduct.
9. Avoid obstructing any traffic.
10. Refrain from obstructing, blocking, or vandalizing private or public property.
11. Adhere to the Protected Areas Act (Cap 204) and the Public Order Act (Cap 57).
12. Not interfere with public and private activities or transportation systems.
Kindiki stressed that both protesters and non-protesters are equally bound by these constitutional and legal imperatives. “National security organs of the Republic of Kenya shall remain neutral, apolitical, and firmly enforce the law,” he stated, underscoring the government’s zero-tolerance stance on lawlessness.
The government’s directive aims to balance the right to protest with the necessity of maintaining public order and safety. Prof. Kindiki’s address highlights the importance of adhering to legal guidelines to ensure peaceful and orderly demonstrations across the nation.
