By Tajeu Shadrack Nkapapa
The Government of the Republic of Kenya assures all persons within its borders that it will respect, uphold, promote and fulfil the inalienable constitutional right of every person, peaceably and unarmed, to assemble, to demonstrate, picket and present petitions to authorities.
This is according to the Cabinet Secretary for Interior and National Administration Prof. Kindiki Kithure.
“According to Article 24(1) (d) of the Constitution of Kenya, this right, as all other fundamental rights is only limited by, inter alia, the need to ensure the enjoyment of the right does not prejudice the rights and freedoms of others,” Prof. Kindiki stated on X.
“It follows, therefore, that those exercising the Article 37 right must; Remain peaceful and unarmed throughout their assembly, demonstration, picket or presentation of the petition(s), Not engage in violence or riots, Not breach public peace, Not intimidate or harass non-protesters, Inform the Police of their intended routes and timings, Call off their activities at sunset, or at 6.30 pm, whichever is earlier, Not provoke, attack or obstruct law enforcement officers or other members of the public,” Prof. Kindiki added.
Among other limitations to the right to assemble, according to the CoK 2010 include; following the escort and guidelines of law enforcement officers to ensure orderly conduct, not obstructing traffic of any kind, not obstructing, blocking or vandalising any private or public property, adhere to the laws of Kenya, including the Protected Areas Act (Cap 204) and the Public Order Act (Cap 57) of the Laws of Kenya and also not interfere with public and private activities or road, rail, sea or air transport
“Whatever the issues, whichever the grievances, whatever the matter, the rule of law and public order must be maintained by all,” the CS stated.
Prof. Kindiki also emphasized that the laws of Kenya apply to all including to the non-protesters.
“Non-protesters and those who hold contrary views with the protesters are also bound by the same Constitutional and legal imperatives.”