By Fatuma Kalume
The Ministry of Interior and National Administration Kenya stated clearly that the Rule of Law will prevail amidst protests.
The rule of law, which guarantees that all people and institutions, including the government, are subject to and responsible under the law, is a fundamental principle in Kenya.
This idea is codified in Kenya’s Constitution, which places a strong emphasis on the protection of fundamental rights, equality before the law, and judicial independence.
Protests are a form of exercising the right to free expression and assembly, which are protected under the Constitution.
The ministry in their report highlights the public responsibility in protests amidst the plan of the Nane Nane protests organized by the Kenyan youth in search of better governance.
These are some of the key points given;
- Protesters are to notify police in advance about the planned protests.
- They are to remain peaceful at all times.
- Protesters to stay unarmed and not to carry offensive weapons.
- Do not engage in or promote violence or riots.
- Do not breach public order, or intimidate or harass others.
- Protests are to end by 6 PM.
The ministry also stated that police are on the ground to provide safety and protection for all.
It also went ahead to give a section of the constitution that guarantees respect for the sanctity of human life and the security of property being non-negotiable. Article 26 of the Kenya Constitution, 2010.
The ministry also stated that the security agencies are under instruction to exercise restraint during peaceful protests and use of non-lethal force to ensure public safety.
This is according to the National Police Service Act, of 2011.
The rule of law is set to govern how protests are conducted and how authorities respond to them.
Right to Protest: Citizens have the constitutional right to assemble and express their opinions peacefully. This right is integral to democratic governance and allows people to voice dissent and advocate for change.
Regulation of Protests: While the right to protest is protected, it is subject to certain regulations to ensure public order and safety. For example, the law requires that organizers notify authorities of large demonstrations in advance, and there are restrictions on where and how protests can occur to prevent disruption.
Law Enforcement: The police and other authorities must handle protests by the law, respecting protesters’ rights while maintaining public order. Excessive use of force or arbitrary arrest of protesters can be challenged in court.
Judicial Recourse: If protests are suppressed or if individuals’ rights are violated, there are legal avenues available for seeking redress. Courts can be approached to address grievances related to unlawful actions by authorities.
In summary, while the right to protest is protected under the rule of law in Kenya, it is balanced with regulations designed to ensure that such activities do not compromise public order and safety.
The rule of law ensures that any actions taken in response to protests are legal and that citizens have the means to seek justice if their rights are infringed upon.