A showdown between the police and protestors is looming as Kenyans take to the streets to protest against the government on Tuesday, July 2, 2024.
This comes despite warnings from security agencies and the government over extremes during the protests, especially the destruction of property.
In a statement on June 20, 2024, the National Police Service vowed to protect critical government infrastructure including Parliament buildings.
“The National Police Service is cognizant of the current demonstrations going on across the Country today June 20, 2024, and the ongoing debate at the National Assembly regarding Finance Bill, 2024. With utmost respect to the provisions of Article 37 of the Constitution stipulating the right of citizens to assemble, demonstrate and picket, the Service will neither condone nor approve efforts by demonstrators to either occupy critical government infrastructure including Parliament Buildings,” NPS stated.
On Monday, July 1, 2024, Director of Public Prosecutions (DPP) Renson Ingonga issued new directives to the Directorate of Criminal Investigations (DCI) over criminals looting and destroying property.
Ingonga warned that the destruction of critical infrastructure, including the Parliament, Judiciary, and national and county government infrastructure, will be met with the full force of law.
“The Constitution of Kenya, 2010 protects the right of every, person to assemble, demonstrate, picket and present petitions to public authorities. However, this right is not absolute and may be limited to protect lives and property. Firstly, any person involved in such assembly, demonstration and/or picketing most be peaceful and unarmed,” Ingonga stated.
“Secondly, the right does not extend to propaganda or war, incitement to violence, hate speech or advocacy of hatred that constitutes ethnic incitement of others or incitement to cause harm. Cognizant of the loss of lives, destruction and vandalism of private and public property, and other related acts witnessed particularly on Tuesday, 25th of June 2024, these crimes cannot continue unabated.”
Ingonga says those found culpable will be prosecuted to the fullest extent of the law.
“I direct the Directorate of Criminal Investigations (DCI) to expeditiously conclude investigations and forward the resultant inquiry files for perusal and directions. Any individual found culpable will be prosecuted to the fullest extent of the law. Further, any future acts of violence leading to loss of lives, and/or destruction of private and public property, moreso critical infrastructure including Parliament, Judiciary, National and County Government facilities shall be met with the fullest force of the law,” he said.
Chief Justice Martha Koome condemned the recent spate of abduction cases and the excessive use of force by police officers while dealing with protesters.
While quoting Article 37 of the Constitution, CJ Koome insisted that it did not envision that anyone would lose their life while exercising this right. She added that life remains sacrosanct as protected under Article 26 of the Constitution.
“We should not witness cases of excessive use of force that threaten the lives of peaceful and unarmed protesters. I therefore condemn the excessive use of force on protestors that we have witnessed and urge that the perpetrators be disciplined, charged and prosecuted in accordance with the law. The State’s responsibility is to protect life, not take it away,” she stated.
Several people have so far been arraigned in court in connection to alleged offences committed during the protests.