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Don't disregard constitution over isolated cases of demo infiltration by goons, state told

Police officers on standby at the Kenya National Archives along Tom Mboya Street in Nairobi during anti-government demonstration on July 2, 2024. (Photo: EV)

By Mary Wambui | Wednesday, July 3, 2024

Article 19 and several other organisations want leaders in the security sector to act in the public's interest, facilitating the freedom to assemble, demontrate, picket, and present petitions to public authorities, peacefully and unarmed.

The state must not be allowed to use isolated cases of infiltration by goons and defiant security officers as an excuse to suspend the dictates of the constitution, Article 19 East Africa has said.

The organisation, along with several others, has called on leaders in the security sector to exercise their authority in the interest of the people of Kenya, facilitating the freedom to assemble, demonstrate, picket, and present petitions to public authorities peacefully and unarmed.

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"We would like to remind the president, cabinet secretary of Interior and inspector general of police that the protests (including future planned protests) are protected by Article 37 of the Constitution of Kenya, 2010, therefore they should exercise their authority in the interest of the people of Kenya," Article 19 East Africa said in a statement jointly issued with several other organisations.

They are the Defenders Coalition, the Independent Medico-Legal Unit (IMLU), the Kenya Human Rights Commission (KHRC), Muslims for Human Rights (MUHURI), the Initiative for Inclusive Employment, and Inform Action.

The statement followed Tuesday's violent protests that were marred by robberies, vandalism, and attacks on genuine protesters and businesses in Nairobi and other towns.

These organisations noted that the last two demonstrations were heavily infiltrated by criminals and ragtag militia who committed many crimes.

Consequently, leaders from all political divides turned to social media to denounce the bandits, blaming different parties. While some alleged that City Hall sponsored the crimes, others also pointed to the Mungiki sect.

Last week, the Standard reported that some of the criminals were ferried in buses from areas including Mathare, Dandora, Kayole, and Kawangware to counter protests organised by the youth and force reactions by security organs.

The organisations regretted that the police ignored a ruling by the High Court in Malindi temporarily stopping security agencies from using water cannons, tear gas, live ammunition, rubber bullets, and other crude weapons or any form of violence against protesters until a case filed by Saitabao ole Kanchory, formerly of the opposition's Azimio la Umoja One Kenya Coalition, is determined.

"We witnessed the police disobeying these orders and using lethal force, tear gas, and rubber bullets on protesters, thereby killing and injuring several [of them]. Shockingly, more health facilities have also been attacked by security forces using tear gas," the statement added.

The group further called on protesters to maintain calm and not take weapons to the demonstrations.

"Since the government has a duty to protect the ongoing peaceful protests, we call upon the DCI, NIS, and all other relevant agencies to use their intelligence to identify and separate goons from peaceful protesters," they said.