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As the nation braces for planned protests against the Finance Bill 2024, Interior Cabinet Secretary Kithure Kindiki has laid out stringent conditions for demonstrators.
Speaking ahead of the anticipated rallies, Kindiki emphasised the need for peaceful and lawful conduct, underscoring the importance of maintaining public order and safety.
CS Kindiki began by stressing the constitutional right to demonstrate as outlined in Article 37.
However, he clarified that this right does not extend to rioting or promoting violence.
"Protestors must remain peaceful and unarmed throughout the assembly, demonstration, and any presentation of petitions to authorities," Kindiki stated.
To ensure the safety and orderliness of the protests, several key conditions were highlighted:
- Kindiki stressed that protestors must remain peaceful and unarmed throughout the assembly, the demonstration, and the presentation of any petitions to authorities.
- He stated that protestors must engage in a manner that does not promote violence or riots because the right in Article 37 is the right to demonstrate, not the right to riot.
- He mentioned that protestors must not breach public order and must not intimidate, harass, or otherwise inconvenience members of the public who are not protesting.
- Kindiki said that protestors must inform the police of their intentions to exercise this right, including the routes they will take, for the purposes of providing escorts and ensuring law and order during this constitutional expression.
- He added that protestors must notify the police of the timings of their activities and must stop their activities at sunset or 6:30 pm, whichever is earlier, in accordance with the Public Order Act Cap 57 of the laws of Kenya.
- He insisted that protestors must not provoke, attack, injure, or obstruct law enforcement officers or members of the public.
- Kindiki also said that protestors must follow the escort and other guidelines of law enforcement officers to ensure they are protected from non-protestors and infiltrators and are orderly as they exercise this fundamental right.
- He emphasised that protestors must not obstruct traffic of any kind, whether motor vehicle traffic, boda boda, or bicycle traffic.
- He stated that protestors must not obstruct, block, vandalise, or otherwise destroy any private or public property.
- Kindiki highlighted that protestors must adhere to the laws of Kenya, including the Protected Areas Act, which limits access to certain critical infrastructure for national security reasons. He added that the police would guide them on which areas they cannot access by operation of the law on the protection of critical infrastructure.
- He said that protestors must not access critical assets for the supply of power, water, or other social amenities in a manner likely to interfere with the enjoyment of these amenities by members of the public.
- He mentioned that protestors must not interfere with any private activity by non-protestors and must not interfere with road, rail, sea, or air transport in any manner.
- Kindiki reiterated that, whatever the issues, grievances, or matter, the rule of law and public order must be maintained by all persons. He stressed that non-protestors and other members of the public who hold a contrary view to that of protestors are bound by the same limitations and must exercise their right to disagree in the same manner and circumstances.
- He assured that the national security organs of the country would remain neutral and apolitical but firm in enforcing the law, with no form of lawlessness to be entertained whatsoever.
- Reflecting on past protests, Kindiki warned against using demonstrations as a cover for vandalism or violence. He noted that there had been grave breaches of peace in the past, with people pretending to be protestors and damaging infrastructure and other amenities built by the taxes and sweat of the people of Kenya.
- He concluded by asserting that Kenya could not condone violence in the name of exercising human rights, stating, "Your right and my right end where the right of the next person starts."