The Kenya National Civil Society Centre (KNCSC) has said the statement by Inspector General of police Japhet Koome banning protests organized by Azimio coalition is illegal and unconstitutional.
KNCSC Executive Director Suba Churchill stated that the limited scope of restrictions that a State and its law enforcement officers can place on the right to protest must be formally prescribed and based on the law.
According to the executive director, the statement by the inspector general has no basis in law as Kenyans have a right to participate in the management of public affairs.
“As such, the Kenya National Civil Society Centre would want to call on the IG to ensure that all law enforcement officers under his command conduct themselves in utmost compliance and respect for the rule of law, and all the democratic ideals espoused under Article 238 of the Constitution on national security, including respect for human rights and fundamental freedoms,” Churchill said.
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“KNCSC also takes this opportunity to call on the Nairobi regional police commander, Adamson Bungei to ensure that law enforcement officers under his command during the protests are properly briefed and refrain from engaging in any illegal actions not sanctioned under the law to deter, prevent or obstruct protesters from the exercise of their rights and fundamental freedoms.” He added
Moreover, the sentiments by KNCSC comes after IG of police Japhet Koome on Sunday, March 26 stated that the police will not allow the planned Azimio demonstrations to take place.
Koome also said he will not spare any political leader, adding that police officers shall treat everyone equally when arresting protesters.
The IG of police also noted that his commanders will not care about anyone’s social status when dealing with protesters.
Furthermore, he asked Raila Odinga to face him instead of harassing his Nairobi regional commander Bungei.
Nonetheless, Churchill urged state officials to desist from negative and personalized rhetoric against conveners of the countrywide protests.
Instead, he asked the government to provide an enabling environment for protesters to exercise their rights to freedom of association, assembly, expression, and access to information held by the State or any of its agencies.
As such the KNCSC executive director noted that legal protection of human rights and fundamental freedoms, especially during protests, are also codified in several international and regional human rights instruments.
“It is against this backdrop that the KNCSC calls on all government officials to refrain from their preoccupation with actions that appear to be aimed at undermining the exercise of human rights and fundamental freedoms during protests,” Churchill said.
