The CS emphasised that the protests must follow the Public Order Act of the laws of Kenya that govern how all protests are conducted in the country.
Interior Cabinet Secretary Kithure Kindiki on Monday, June 24 allowed the ongoing anti-Finance Bill protests to proceed on Tuesday, June 25, but with the following conditions.
Speaking at Harambee House during his State of Homeland Security speech, the CS emphasised that the protests must follow the Public Order Act of the laws of Kenya that govern how all protests are conducted in the country.
He affirmed that the government of Kenya will respect, uphold, promote and fulfil the inalienable constitutional right of every person peaceably and unarmed to assemble, to demonstrate, to picket and to present petitions to authorities, as per Article 37 of the Constitution of Kenya.
“They must stop their activities at sunset or at 6:30 pm whichever is earlier in accordance with the Public Order Act Cap 57 of the laws of Kenya,” the CS stated in part.
Kenyans protest against the Finance Bill 2024 in Nairobi. /ALJAZEERA
Kindiki also reminded that those participating in the protests, led by Kenya’s Gen Z, must not provoke, attack, injure or obstruct law enforcement officers or even members of the public.
“They must not obstruct, block, vandalize or otherwise destroy any private or public property,” he added.
Protesters were also advised to adhere to the laws of Kenya including the Protected Areas Act which limits access to certain critical infrastructure for national security reasons. In this case, they include Parliament and State House.
Kindiki assured them that police would be present to guide them on which areas they cannot access by operation of the law on the protection of critical infrastructure.
The CS dared protesters to breach peace saying protesters “must not interfere with road, rail, sea or air transport in any manner whatsoever.”
“We have seen people pretending to be protesters damaging road infrastructure and other amenities built by the taxes and the sweat of the people of Kenya.
“I dare you to try that. We cannot be a country that condones violence in the name of exercising human rights,” he continued.
He also warned those who have dared to march to State House, or forcefully access Parliament buildings and other government areas.
Summary Of Directives
“Those exercising this right must do so under the following constitutional and legal parameters.”
- They must remain peaceful and unarmed throughout the assembly, the demonstration, the picketing and the presentation of any petitions to authorities.
- They must engage in a manner that does not promote violence or riots.
- They must not breach public order.
- They must not intimidate, harass or otherwise inconvenience members of the public who are not protesting.
- They must inform the police of their intentions to exercise this right. They must also inform the police of the routes they will take for purposes of providing escort and ensuring there is law and order during this constitutional expression.
- They must also inform the police of the timings of their activities. They must stop their activities at sunset or 6.30 pm whichever is earlier.
- They must not provoke, attack, injure or obstruct law enforcement officers or even members of the public. They must also follow the escort and other guidelines of law enforcement officers to protect them from infiltrators.
- They must not obstruct, block, vandalise or otherwise destroy any private or public property. Must adhere to the laws of Kenya including the Protected Areas Act that limits access to certain critical infrastructure for national security reasons.
- Must not interfere with road, rail, sea or air transport in any manner whatsoever. Whatever the issues, whatever the grievances, whatever the matter, the rule of law and public order must be maintained by all persons. For the avoidance of doubt non-protesters and other members of the public who hold a contrary view to that or protesters are bound by the same limitations and must exercise their rights to disagree in the same manner.
“The National security organs of our country shall remain neutral, apolitical but firm in enforcing the law of our country and no form of lawlessness is going to be entertained whatsoever,” he assured.
