Government and Policy

The Kenyan Police Must Be Held To Account For Contravening Chapter 27 Of The Constitution Of Kenya During The Azimio Demonstrations

BY Steve Biko Wafula · March 22, 2023 07:03 pm

KEY POINTS

Article 37 of the constitution guarantees every person the right to peacefully and unarmed assembly, picketing, and demonstration without requiring prior permission from the authorities.

KEY TAKEAWAYS

The use of excessive force and live bullets was a clear violation of the Constitution. The death of a university student in Maseno is proof enough that the entire police force must be condemned and held to account.

Chapter 27 of the Kenyan Constitution is devoted to the protection of fundamental human rights and freedoms, including the right to assemble, demonstrate, picket, and present petitions to public authorities.

Specifically, Article 37 of the constitution guarantees every person the right to peacefully and unarmed assembly, picketing, and demonstration without requiring prior permission from the authorities.

This right is an essential aspect of democratic governance, as it enables citizens to express their views and hold their leaders accountable.

Despite the constitutional protections, the police in Kenya have been accused of contravening the Constitution by using excessive force to disperse peaceful demonstrators. The police have argued that the demonstrations were illegal and that they were acting within the law.

Despite the fact that the right to assemble and demonstrate is not absolute, and that it can only be restricted in exceptional circumstances, and in this case, there were no exceptional circumstances. Any restrictions must be necessary and proportionate to the legitimate aim of protecting public safety, public order, or the rights and freedoms of others.

In this case, the police was the one who brought the violence and the destruction of property. The use of excessive force and live bullets was a clear violation of the Constitution. The death of a university student in Maseno is proof enough that the entire police force must be condemned and held to account.

The police’s use of force to suppress peaceful demonstrations is not only a violation of the right to freedom of assembly but also a contravention of the Constitution’s provisions on human dignity and freedom from torture. Article 29 of the Constitution provides that every person has the right to freedom and security of the person, which includes the right to be free from all forms of violence, whether from public or private sources. The use of excessive force by the police during peaceful demonstrations amounts to violence and a violation of this right.

Furthermore, the police’s actions contravene the Constitution’s provisions on non-discrimination and equal protection of the law. Article 27 of the Constitution prohibits discrimination on any grounds, including race, sex, ethnicity, religion, or social status. The police’s use of force during demonstrations has been criticized for targeting specific groups, such as the youth and marginalized communities. This practice is discriminatory and violates the principle of equal protection of the law.

Another critical aspect of Chapter 27 of the Constitution is the right to petition public authorities. This right allows citizens to voice their concerns and grievances to the government, and it is essential for holding public officials accountable. The police’s use of force to suppress demonstrations effectively denies citizens the right to petition public authorities, thus undermining the principle of participatory democracy.

The Constitution also provides for the right to seek redress in court for violations of fundamental rights and freedoms. Article 22 of the Constitution provides that every person has the right to institute court proceedings to enforce the rights guaranteed under the Constitution. However, the police’s use of force during peaceful demonstrations makes it difficult for citizens to seek redress for violations of their constitutional rights. This is Kenyans must report the actions of the police to the International Criminal Court. Why the ICC, simply because local judicial institutions have been compromised.

Moreover, the police’s use of force during demonstrations contravenes international human rights standards to which Kenya is a party. The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, both of which Kenya has ratified, guarantee the right to freedom of assembly and peaceful demonstrations.

I know that these rights are not absolute and can be restricted only in exceptional circumstances, such as to protect public safety or national security. The use of excessive force to disperse peaceful demonstrations does not meet these standards. In this regard, the police must be held to account for what transpired on Monday the 20th. If democracy is to have a chance to grow, then we must demand the accountability of the police and the resignation of the bosses in the Ministry of Interior.

In conclusion, Chapter 27 of the Kenyan Constitution provides for the right to assemble, picket, and demonstrate peacefully without requiring prior permission from the authorities. The police’s use of force to suppress peaceful demonstrations violates the Constitution’s provisions on human dignity, freedom from torture, non-discrimination, equal protection of the law, and the right to petition public authorities. It also undermines the principle of participatory democracy and the right to seek redress for violations of fundamental rights and freedoms.

The police must respect and protect citizens’ constitutional rights and freedoms, and any restrictions must be necessary and proportionate to the legitimate aim of protecting public safety or public order.

About Steve Biko Wafula

Steve Biko is the CEO OF Soko Directory and the founder of Hidalgo Group of Companies. Steve is currently developing his career in law, finance, entrepreneurship and digital consultancy; and has been implementing consultancy assignments for client organizations comprising of trainings besides capacity building in entrepreneurial matters. He can be reached on: +254 20 510 1124 or Email: info@sokodirectory.com