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PROTESTS IN KENYA: EXERCISING YOUR RIGHT TO PROTEST WITH DIGNITY AND THE RULE OF LAW

raising flag in protests in Kenya 1
 

Picture yourself on the streets of Nairobi, your voice one among thousands calling out for a new country joining other thousands in the protests in Kenya .

This is your right as guaranteed in the Constitution of Kenya in Article 37. Protests in Kenya are a legitimate expression of citizen dissatisfaction, an opportunity to keep leaders on their toes and the nation’s direction in their hands.

From the Gen Z protests in Kenya to the recent protests against corruption and anti-fair policies, one thing is clear about Kenyans: their solidarity is unmatched.

But alongside this right comes a responsibility, and that applies to both citizens and law enforcement.

If you are a young activist preparing to get into the thick of the pro-democracy protests in Kenya, or a police officer expected to maintain order, here is how we can turn the protests into a force for good in Kenya.

Understanding Your Right to Protest in Kenya

In Kenya, you have a right to protest, which is enshrined in the Constitution under Article 37. It reads: “Everyone shall have the right to freedom of peaceful assembly without arms, with the prior notification or approval of the public authority.”

That means you can assemble with others, march, even stand outside a government building to demand change, so long as things are peaceful.

The law serves as the foundation of protests in Kenya, such as the Gen Z protests in Kenya that rocked the country in 2024.

Whether it’s a demonstration protesting that the government takes too much in taxes, or a femicide protest in Kenya that calls for justice for women, your voice is protected.

Kenyans have long staged protests to effect change, from the push for independence to the demonstrations in Kenya against the Finance Bill in 2024. If you know your rights, you can confidently participate in live demonstrations in Kenya today.

Protesting with Dignity and Responsibility

man with banner in protests in Kenya 1

The protests in Kenya are most vigorous when they are peaceful and respectful. For example, Gen Z protests in Kenya began as a demand to strike down the Finance Bill 2024, with young people mobilising and broadcasting on social media.

These proposed Gen Z protests in Kenya showed the world that Kenyans could insist on change without violence.

But how do you resist responsibly?

First, if you’re planning to march, let the police know ahead of time. Under the Public Order Act, they must be notified of the protest’s date, time and route.

This isn’t a request for permission; your right to protest is automatic, but it is a helpful measure for safety.

Don’t do things that hurt other people, like defacing property or inciting violence. The law will not protect these and will undermine your case.

While the protests in Kenya over the Finance Bill were largely peaceful, some took a violent turn, with looting and destruction undermining the movement’s message.

If you are protesting in Kenya, ensure your ID is on you, drink water, and be aware of your rights. If you are arrested in Kenya during protests, you can remain silent and ask to speak with a lawyer.

Kenyan protests often face obstacles, but remaining peaceful and respectful of the law will maintain the concentration on your message.

What you don’t have to be a bit “political” to sense is that the power of dignity serves your cause (be it anti-Adani protests in Kenya of dodgy deals or abduction protests in Kenya of missing activists to death for justice), no matter who you are.

Role of the Police and the State

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The police play a significant role in protests in Kenya. It is not their job to stop peaceful demonstrations, but to protect them. The Constitution and the Public Order Act are obvious; security forces are supposed to facilitate you in exercising your right to protest.

This involves keeping you safe, controlling traffic, and preventing violence. But reports in the Gen Z protests in Kenya showed that police at times deployed tear gas, live bullets, or excessive force, breaking these laws.

The National Police Service Act also demands that officers respect human rights. For instance, they can’t arrest you just because you protest peacefully, or fire weapons to frighten crowds.

Unfortunately, the Kenya protests have had a death toll of nearly 60, including many deaths due to the actions of Kenya police officers, especially in 2024.

That has stoked anti-government protests and demands for accountability. The Independent Policing Oversight Authority (IPOA) is supposed to look at those cases, but justice is often delayed.

Kenya Demonstrations struck against the Finance Bill, which led to President William Ruto’s promise to repeal the bill in June 2024.

This is proof that protests do bear fruit in Kenya when the state values the voice of the people.

But when police or “goons” assault protesters, as has happened in the recent protests in Kenya, it shatters trust and prompts even further unrest.

The Rule of Law

There is no way street protests in Kenya can work if we don’t all adhere to the rule of law, not the protesters, the police, and the government. The rule of law is the rule of no one being above it.

For protestors, that means remaining peaceful and eschewing violence. When the law is honoured on both sides, protests in Kenya are a vehicle for justice, not an excuse for chaos.

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Suppose the protesters resort to sacking and burning property. In that case, they give the government a pretext to crack down when police beat people to death, as many have been in Kenya protests, which pisses people off and kicks off more demonstrations.

The abduction protests in Kenya, for example, began when people accused security forces of kidnapping activists.

The rule of law also achieves justice. And if a protester is arrested unjustly, they can have their day in court. If a police officer violates the law, they can be prosecuted.

Kenyan protests, such as those at the femicide protests in Kenya, demonstrate how citizens can demand accountability while remaining lawful. When we respect the law, we keep Kenyan demonstrations to build a better future.

Dialogue Over Division

The protests in Kenya are calling for not change but dialogue. The Gen Z protests in Kenya weren’t simply about rejecting a tax bill; they are about asking for better governance, less corruption and more jobs for young people.

The causes of these protests in Kenya include poverty, unemployment and lack of trust in leaders and must be solved by being honest with ourselves.

Protests of this nature pave the way for dialogues. When a sustained protest takes place in Kenya, it forces leaders to listen. For instance, President Ruto sacked his government and promised reforms following demonstrations over the Kenya Finance Bill.

It wasn’t enough for many, but it was proof that demonstrations in Kenya can work to spark change.

Rather than division, protests can unite Kenyans of all tribes and regions, as evidenced in the intended Gen Z protest in Kenya, which went national to virtually all small towns.

As citizens, we can further participate in civic education, vote or join community groups to advocate for change.

Protests in Kenya today are merely one tool; dialogue, mutual respect, and unity are others.

When Did the Gen Z Protests Start in Kenya?

protests in Kenya with armored lorry 1

On June 25, 2024, protesters laid siege on Parliament, forcing the government to drop the bill. In these ongoing Kenyan protests, the youth are still demanding accountability.

Kenyan youth, born in the late 1990s and early 2000s, fronted these protests, mobilising via social media platforms like X and TikTok, and organising themselves under hashtags such as #RejectFinanceBill2024.

Unlike previous Kenyan demonstrations, these were leaderless, tech-savvy, and dispersed across the country, to corners of the country where few demonstrations took place.

Causes of Protests in Kenya

The grievances over which Kenyans are protesting are not just about taxes. Over 40 per cent of Kenyans are poor, so new taxes are experienced as punishment.

Another big reason is unemployment, especially among young people; many don’t see any future.

Corruption is a big problem, with leaders accused of looting public funds at the citizens’ expense.

Displeasure with the Kenyan government is also the motive behind protests in Kenya, such as anti-Adani protests in Kenya, which have also targeted government collusion, such as the proposed Adani Group takeover.

Police brutality and abductions like those witnessed in the kidnapping protests in Kenya stoke anger even more.

These reasons for demonstrations in Kenya reveal a profound frustration with bad governance.

How Many People Have Died in Kenya Protests?

The death toll in protests in Kenya, and especially in 2024, is also disheartening. At least 61 people were killed between June and November 2024 during protests in Kenya, according to the Kenya National Commission on Human Rights.

The majority of deaths came at the hands of the police, who used live ammunition or excessive force.

For instance, on June 25, 2024, ultimately 19 were killed when police opened fire on protesters who were storming Parliament.

These losses have also fueled anti-government protests and calls for justice. The actual number could be higher, as some deaths go unreported, leaving the death toll in Kenya protests a bitter reminder of the price of unrest.

Effects of Protests in Kenya

They’ve achieved change, for the better, the shelving of the Finance Bill 2024, and for the worse, cabinet reshuffles.

Protests in Kenya have also empowered the youth. The Gen Z protests in Kenya show the strength of digital activism. They have brought Kenyans together across tribes, giving a national sense of purpose.

But Kenya has its perils of not protesting as well. Business premises close. Urban life is disrupted. Businesses in Nairobi and other cities often close during live protests in Kenya today, hurting the economy.

Kenya protests that the death toll leaves families in tears, as property damage costs millions.

Yet the aftermath of unrest in Kenya demonstrates that the public can influence their country’s future, despite a price to pay.

Conclusion

The right to protest in Kenya is a bedrock of democracy, guaranteed by Article 37 of the Constitution. Whether that’s Gen Z protests in Kenya, femicide protests in Kenya, or anti-government protests, your voice counts.

However, with that right, one also must protest with dignity and respect for the law, and expect the same from police and the leaders. When we resist the easy choice of violence but choose dialogue, protests in Kenya can be bridges, not fires.

The Constitution reminds us, “We, the people of Kenya… adopt, enact and give this Constitution to ourselves and our future generations.” Let’s keep that promise by ensuring Kenyan protests become a tool for national unity and progress. Together, we can build a Kenya where every voice is heard and every right is respected.

Written By:

James Chepchieng

Advocate of the high court of kenya

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