Lilian Nyiva
Law Society of Kenya (LSK) President Charles Kanjama has proposed a constitutional framework for policing public demonstrations, calling on security agencies to protect the right to peaceful protest while maintaining public order without imposing blanket city lockdowns that disrupt businesses and transport.
Constitutional Approach to Protests
Speaking during a televised interview, Kanjama said Kenya's Constitution already provides clear guidance on how demonstrations should be managed. He urged police to facilitate peaceful assemblies rather than treating all protests as security threats from the outset.
He pointed to Article 37 of the Constitution, which guarantees the rights to assemble, demonstrate, picket and present petitions peacefully and unarmed. According to Kanjama, law enforcement officers should ensure these rights are protected while responding only when public order is genuinely threatened.
Opposition to Blanket Lockdowns
Kanjama criticized the use of widespread roadblocks and citywide lockdowns during demonstrations, arguing that such measures unnecessarily inconvenience millions of Kenyans and disrupt economic activity. His remarks came after major roads leading into Nairobi's Central Business District were barricaded during the June 25 memorial protests, affecting transport and forcing many businesses to close.
He maintained that police should avoid pre-emptive restrictions and instead allow peaceful demonstrations to proceed while ensuring public safety.
Target Criminal Elements, Not Peaceful Protesters
The LSK president acknowledged that criminal groups sometimes infiltrate demonstrations to commit acts of violence or vandalism. However, he argued that police should isolate and arrest those responsible rather than treating entire gatherings as unlawful.
Kanjama also called for officers policing demonstrations to remain identifiable by wearing official uniforms, avoid concealing their identities, and issue clear warnings before dispersing crowds where violence has actually occurred. He emphasized that any use of force must be lawful and proportionate.
Balancing Rights and Public Order
According to Kanjama, Kenya's challenge is not a lack of laws governing demonstrations but the failure to strike an appropriate balance between safeguarding constitutional freedoms and maintaining law and order.
He said that if police facilitate peaceful assemblies, intervene only when necessary, use proportionate force, and avoid blanket lockdowns, the country can uphold both public safety and citizens' constitutional right to protest.
