Monday, June 16, 2025
  • News
  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Business
  • Health
  • Opinion
  • Law & Order
  • Sports
  • Entertainment
  • Lifestyle
  • Sci-Tech
  • Behind The Brand
REGISTER
LOGIN
No Result
View All Result
The Kenya Times
  • News
    • All
    • Diaspora News
    • East Africa News
    • National News
    • World News
    DIG Lagat and Ojwang

    Constable Mukhwana Exposes DIG Lagat’s Role in Albert Ojwang’s Death

    Yoweri Museveni, President of Uganda. Photo/Museveni(X)

    Museveni Signs Law Allowing Military Trials for Civilians

    Procession of Laikipia University graduation ceremony. Photo/ CS Julius Ogamba

    Career Paths and Opportunities for Bachelor of Arts Graduates

    Kamukunji Police Station

    Kamukunji Police Station Location, Direction and Key Contacts

    Samburu County Voters

    Tyranny of Numbers: Distribution of 100,014 Voters in Samburu County

    Crypto platform Luno. PHOTO: Luno

    Cryptocurrency Platform Luno Resumes Operations in Kenya

    IMF

    IMF Audit Team in Kenya for 2 Weeks to Investigate Corruption

    Photo of Deputy Inspector General of Police Eliud Lagat. PHOTO/NPS

    Deputy Inspector General of Police Eliud Lagat Steps Aside

    U.S President Donald Trump after signing several Executive Orders of January 20, 2025. PHOTO/White House. USAID

    Tanzania and Uganda Among 36 Countries Facing Possible US Travel Ban: Here’s Why

  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Business
    • All
    • Banking
    • Cryptocurrency
    • Economy
    • Money Markets
    • Real Estate
    • Startups
    Crypto platform Luno. PHOTO: Luno

    Cryptocurrency Platform Luno Resumes Operations in Kenya

    IMF

    IMF Audit Team in Kenya for 2 Weeks to Investigate Corruption

    Banking Giants

    Highest Paid Bank CEOs in Kenya

    EAC Alcohol Tax Deal Is a Win for Consumers and Trade

    Cheers to Unity! EAC’s Alcohol Tax Deal Is a Win for Consumers and Trade

    A picture of Kenya Pipeline Company

    How Private Firm Took Over Kenya Pipeline Project After Ksh192.6 M Investment

    Bank of Baroda Branch in Kenya PHOTO/Business Standard

    Bank of Baroda Owners, Branches & Loans Offered

    MultiChoice is Africa's entertainment platform, which owns DSTV and GOTV brands in Kenya PHOTO/Advanced Television

    Multichoice Kenya Reports 15% Drop in Subscribers

    Bank of India headquarters PHOTO/Business Radar

    Bank of India Owners, Branches & Loans Offered

    Ross Palmer, Associate Director and Senior Banker

    European Bank for Development to Open Offices in Kenya

  • Health
    • All
    • Health & Science
    • Mens Health
    • Mental Health
    • Wellness
    • Womens Health
    Yanza foundation Founder Daisy Mukasa during an outreach session

    Daisy Mukasa’s Fight Against Obstetric Fistula With Yanza Foundation

    Scenes after flash floods. PHOTO/Kenya Red Cross

    How Climate Change is Fueling a Cancer Epidemic in Kenya

    Mbagathi Hospital

    Mbagathi Hospital: Location, Direction, Contacts and Services Offered

    BCG Vaccines Shortage Adressed as Kenya Receives 3M Doses

    Reprieve for Kenyans as Shortage for Crucial Vaccines Ends

    Cambridge Researchers Warn Menstrual App Users

    Cambridge Researchers Warn Menstrual App Users

    KMPDC Warns of Fake Doctors and Dental Clinics in Kenya

    Kenyans Warned Over Rise in Fake Doctors

    Kenya Health workers

    “I Get Messages From Suicidal Staff”: The Quiet Collapse of Kenya’s Health Workforce

    Mediheal hospital, Eldoret. PHOTO/ courtesy

    Mediheal Reveals Guidelines Followed During 476 Kidney Transplants

    Details of Chikungunya Spreading in Mombasa After Outbreak

    Chikungunya: Details of Viral Disease Spreading in Mombasa After Outbreak

  • Opinion
    • All
    • Bruce Schneier
    • Contributors
    • Editorials
    • Eyal Mayroz
    • John Mukum Mbaku
    • Letters to Editor
    • Makau Mutua
    • Marie Durrieu
    • Peter Ongera
    • Salim Lone
    • William Hatungimana
    • Wycliffe Njororai Simiyu
    • XN Iraki
    Celebrating Father’s Day 2025The Unsung Heroes

    Celebrating Father’s Day Unsung Heroes

    EAC Alcohol Tax Deal Is a Win for Consumers and Trade

    Cheers to Unity! EAC’s Alcohol Tax Deal Is a Win for Consumers and Trade

    How United Nations is Boosting Development of Somaliland

    How United Nations is Boosting Development of Somaliland

    The impact of NBA and how its efforts are transforming lives through basketball

    How Basketball is Transforming Lives, Communities and Economies

    President William Ruto in a meeting with IMF managing director Kristalina Georgieva, CSs Alfred Mutua, Davis Chirchir among other leaders. PHOTO/PCS.

    Why African Government Ratings Need Improvement

    Kenya to Benefit from Ksh145 Billion World Bank Loan

    Arrest Global Shocks & Leadership Failures to Secure Kenya’s Achievement of SDGs by 2030 

    Battle over NG-CDF in Kenya: Performance or Favouritism?

    Why Parliament Must Reject the Finance Bill 2025

    The changing education system in Somaliland and what the future holds.

    Child Education in Somaliland: A Growing Example in the Horn of Africa

    A photo collage of Kakamega Senator Boni Khalwale and bulls fighting during a past bullfighting event. PHOTO/Khalwale X.

    Kakamega Under Pressure to Stop Bullfighting League

  • Law & Order
    • All
    • Courts
    • Cyber Crime
    • Elections
    • Missing Persons
    Police van involved in a n accident.

    Police Officers Killed While Responding to a Road Accident

    Nonini sues CarSoko over advert

    Nonini Sues Car Dealer Over Goliath wa Bungoma Advert

    Albert Ojwang Death: DPP Sets 7-Day Deadline for IPOA Probe

    IG Kanja Reveals Albert Ojwang’s Last Meal and Final Hours

    KNBS Director General

    Fake Government Agents Going Door-to-Door to Rob Kenyans Exposed

    Central Police Station Location, Direction and Key Contacts

    Central Police Station Location, Direction and Key Contacts

    Man Who Stole Tecno Phone and Cash Gets Death Sentence

    Man Sentenced to Death for Stealing Tecno Phone and Ksh30,000

    Pastor arrested by DCI

    DCI Officer Arrested After Vandalizing Govt Property at Nyayo Stadium

    How Kenya’s Whistleblowers Are Fighting Corruption & New Law

    Two Treasury Employees to Repay Ksh39 Million They Received as Allowances

    High Court Stops NG-CDF Bill From Assent by President Ruto

    High Court Issues Fresh Order on NG-CDF Bill

  • Sports
    • All
    • Athletics
    • Basketball
    • Boxing
    • Cricket
    • Football
    • Formula 1
    • Golf
    • Rugby
    Starlets Become First Kenyan Team to Qualify for the World Cup

    On This Day: Starlets Become First Kenyan Team to Qualify for the World Cup

    Maresca Confident of Club World Cup Victory With Delap

    Maresca Confident of Club World Cup Victory with Delap

    Kenya Lionesses Roar Past Uganda Lady Cranes

    Kenya Lionesses Roar Past Uganda Lady Cranes in Dominant Display

    Kompany Disputes Superiority Claims Ahead of Auckland Clash

    Kompany Disputes Superiority Claims Ahead of Auckland Clash

    Visa Partners with Football Wonder Lamine Yamal

    Fans Given a Chance to Meet Lamine Yamal After His Partnership with Visa

    Why Trent Alexander Won’t Wear His Preferred No. 66 Jersey in Real Madrid

    EXPLAINED: Why Trent Alexander Won’t Wear His Preferred No. 66 Jersey in Real Madrid

    Misery For Arsenal as Nico Williams and Rodrygo Reject Transfer Offers

    Blow to Arsenal as Two Stars Reject Transfer Offers

    Kenya Lionesses Fall Prey to Springbok Women

    Kenya’s Lionesses Fall to Springbok Women in Crucial Match

    Harriet Okatch: Profile of New Kenya Rugby Union Chairperson

    Harriet Okatch: Profile of New Kenya Rugby Union Chairperson

  • Entertainment
    • All
    • Gaming
    • Movies
    • Music
    Daddie Marto

    Celebrity Koku Lwanga Accuses Daddie Marto of Assault and Cheating

    TikTok Step by Step Guide to Digital Safety and Privacy

    TikTok Rolls Out Safety Features to Protect Users

    Former American MTV talk show host Ananda Lewis PHOTO/ Felece Antoinette

    TV Superstar Ananda Lewis Dies at 52

    Milly Wa Doc Could Have Died Due to Pregnancy, Doctors Say

    Doctors Reveal What Caused Tik Toker Milly Wa Doc’s Death

    Milly Wa Doc Could Have Died Due to Pregnancy, Doctors Say

    TikTok Star Milly wa Doc Mourned After Mysterious Death

    Nandy Offers Tsh10 Million After Losing Engagement Rings

    Nandy Offers Tsh10 Million After Losing Engagement Rings

  • Lifestyle
    • All
    • Arts & Culture
    • Disabilities Matters
    • Ethics & Religion
    • Family
    • Fashion
    • Food
    • Human Interest
    • Immigration
    • Personal Finance
    • Travel & Tourism
    Faith Jerop a young mother from Diani in Kenya’s Kwale County PHOTO/Faith Jerop

    Kenyan Mother Recounts Her Struggle in Russia & Plea to Reunite with Daughter

    Unraveling the Naming History of London Estate

    How Nakuru’s London Estate Got Its Name

    Quickmart Customer Alleges Profiling at Thome Branch

    Quickmart Exposed for Allegedlly Profiling Customer After Alarm Incident

    Gulf Air Launches Direct Flights From Bahrain to Nairobi

    Gulf Air Launches Direct Flights from Bahrain to Nairobi

    A Kenyan passport.

    Countries Whose Citizens Are Allowed Entry into Kenya Without ETA

    Bwana Gessesse, Kenya’s Rising Star in Formula 1 Motorsport PHOTO/Bwana Gessesse

    From Lamu to the Racing Tracks: Meet a Kenyan Boy Who Is Training to Compete in Formula 1

  • Sci-Tech
    • All
    • A.I.
    • Cyber Security
    • Space
    • Technology
    ROAM Improves African Transport with New Modern Electric Motorcycles

    New Generation Motorcycle Launched in Kenya: Features to Enjoy

    TikTok

    TikTok Introduces Advanced Tools for Greater User ‘For You’ Feed

    First Kenyan-Owned Aircraft to Land on Australian Soil

    First Kenyan-Owned Aircraft to Land on Australian Soil

    Step by Step Guide to Managing Your Google Account Storage.

    Out of Google Storage? Here’s How to Free Up Space Without Deleting Important Data

    President William Ruto inspecting ongoing Affordable Housing Project. PHOTO/PCS.

    Zuku Launches Ksh10 Per Day Wi-Fi

    M-PESA

    How to Unlock, Reset Forgotten or Blocked M-PESA PIN

  • Behind The Brand
  • News
    • All
    • Diaspora News
    • East Africa News
    • National News
    • World News
    DIG Lagat and Ojwang

    Constable Mukhwana Exposes DIG Lagat’s Role in Albert Ojwang’s Death

    Yoweri Museveni, President of Uganda. Photo/Museveni(X)

    Museveni Signs Law Allowing Military Trials for Civilians

    Procession of Laikipia University graduation ceremony. Photo/ CS Julius Ogamba

    Career Paths and Opportunities for Bachelor of Arts Graduates

    Kamukunji Police Station

    Kamukunji Police Station Location, Direction and Key Contacts

    Samburu County Voters

    Tyranny of Numbers: Distribution of 100,014 Voters in Samburu County

    Crypto platform Luno. PHOTO: Luno

    Cryptocurrency Platform Luno Resumes Operations in Kenya

    IMF

    IMF Audit Team in Kenya for 2 Weeks to Investigate Corruption

    Photo of Deputy Inspector General of Police Eliud Lagat. PHOTO/NPS

    Deputy Inspector General of Police Eliud Lagat Steps Aside

    U.S President Donald Trump after signing several Executive Orders of January 20, 2025. PHOTO/White House. USAID

    Tanzania and Uganda Among 36 Countries Facing Possible US Travel Ban: Here’s Why

  • Weather
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Living Green
  • Business
    • All
    • Banking
    • Cryptocurrency
    • Economy
    • Money Markets
    • Real Estate
    • Startups
    Crypto platform Luno. PHOTO: Luno

    Cryptocurrency Platform Luno Resumes Operations in Kenya

    IMF

    IMF Audit Team in Kenya for 2 Weeks to Investigate Corruption

    Banking Giants

    Highest Paid Bank CEOs in Kenya

    EAC Alcohol Tax Deal Is a Win for Consumers and Trade

    Cheers to Unity! EAC’s Alcohol Tax Deal Is a Win for Consumers and Trade

    A picture of Kenya Pipeline Company

    How Private Firm Took Over Kenya Pipeline Project After Ksh192.6 M Investment

    Bank of Baroda Branch in Kenya PHOTO/Business Standard

    Bank of Baroda Owners, Branches & Loans Offered

    MultiChoice is Africa's entertainment platform, which owns DSTV and GOTV brands in Kenya PHOTO/Advanced Television

    Multichoice Kenya Reports 15% Drop in Subscribers

    Bank of India headquarters PHOTO/Business Radar

    Bank of India Owners, Branches & Loans Offered

    Ross Palmer, Associate Director and Senior Banker

    European Bank for Development to Open Offices in Kenya

  • Health
    • All
    • Health & Science
    • Mens Health
    • Mental Health
    • Wellness
    • Womens Health
    Yanza foundation Founder Daisy Mukasa during an outreach session

    Daisy Mukasa’s Fight Against Obstetric Fistula With Yanza Foundation

    Scenes after flash floods. PHOTO/Kenya Red Cross

    How Climate Change is Fueling a Cancer Epidemic in Kenya

    Mbagathi Hospital

    Mbagathi Hospital: Location, Direction, Contacts and Services Offered

    BCG Vaccines Shortage Adressed as Kenya Receives 3M Doses

    Reprieve for Kenyans as Shortage for Crucial Vaccines Ends

    Cambridge Researchers Warn Menstrual App Users

    Cambridge Researchers Warn Menstrual App Users

    KMPDC Warns of Fake Doctors and Dental Clinics in Kenya

    Kenyans Warned Over Rise in Fake Doctors

    Kenya Health workers

    “I Get Messages From Suicidal Staff”: The Quiet Collapse of Kenya’s Health Workforce

    Mediheal hospital, Eldoret. PHOTO/ courtesy

    Mediheal Reveals Guidelines Followed During 476 Kidney Transplants

    Details of Chikungunya Spreading in Mombasa After Outbreak

    Chikungunya: Details of Viral Disease Spreading in Mombasa After Outbreak

  • Opinion
    • All
    • Bruce Schneier
    • Contributors
    • Editorials
    • Eyal Mayroz
    • John Mukum Mbaku
    • Letters to Editor
    • Makau Mutua
    • Marie Durrieu
    • Peter Ongera
    • Salim Lone
    • William Hatungimana
    • Wycliffe Njororai Simiyu
    • XN Iraki
    Celebrating Father’s Day 2025The Unsung Heroes

    Celebrating Father’s Day Unsung Heroes

    EAC Alcohol Tax Deal Is a Win for Consumers and Trade

    Cheers to Unity! EAC’s Alcohol Tax Deal Is a Win for Consumers and Trade

    How United Nations is Boosting Development of Somaliland

    How United Nations is Boosting Development of Somaliland

    The impact of NBA and how its efforts are transforming lives through basketball

    How Basketball is Transforming Lives, Communities and Economies

    President William Ruto in a meeting with IMF managing director Kristalina Georgieva, CSs Alfred Mutua, Davis Chirchir among other leaders. PHOTO/PCS.

    Why African Government Ratings Need Improvement

    Kenya to Benefit from Ksh145 Billion World Bank Loan

    Arrest Global Shocks & Leadership Failures to Secure Kenya’s Achievement of SDGs by 2030 

    Battle over NG-CDF in Kenya: Performance or Favouritism?

    Why Parliament Must Reject the Finance Bill 2025

    The changing education system in Somaliland and what the future holds.

    Child Education in Somaliland: A Growing Example in the Horn of Africa

    A photo collage of Kakamega Senator Boni Khalwale and bulls fighting during a past bullfighting event. PHOTO/Khalwale X.

    Kakamega Under Pressure to Stop Bullfighting League

  • Law & Order
    • All
    • Courts
    • Cyber Crime
    • Elections
    • Missing Persons
    Police van involved in a n accident.

    Police Officers Killed While Responding to a Road Accident

    Nonini sues CarSoko over advert

    Nonini Sues Car Dealer Over Goliath wa Bungoma Advert

    Albert Ojwang Death: DPP Sets 7-Day Deadline for IPOA Probe

    IG Kanja Reveals Albert Ojwang’s Last Meal and Final Hours

    KNBS Director General

    Fake Government Agents Going Door-to-Door to Rob Kenyans Exposed

    Central Police Station Location, Direction and Key Contacts

    Central Police Station Location, Direction and Key Contacts

    Man Who Stole Tecno Phone and Cash Gets Death Sentence

    Man Sentenced to Death for Stealing Tecno Phone and Ksh30,000

    Pastor arrested by DCI

    DCI Officer Arrested After Vandalizing Govt Property at Nyayo Stadium

    How Kenya’s Whistleblowers Are Fighting Corruption & New Law

    Two Treasury Employees to Repay Ksh39 Million They Received as Allowances

    High Court Stops NG-CDF Bill From Assent by President Ruto

    High Court Issues Fresh Order on NG-CDF Bill

  • Sports
    • All
    • Athletics
    • Basketball
    • Boxing
    • Cricket
    • Football
    • Formula 1
    • Golf
    • Rugby
    Starlets Become First Kenyan Team to Qualify for the World Cup

    On This Day: Starlets Become First Kenyan Team to Qualify for the World Cup

    Maresca Confident of Club World Cup Victory With Delap

    Maresca Confident of Club World Cup Victory with Delap

    Kenya Lionesses Roar Past Uganda Lady Cranes

    Kenya Lionesses Roar Past Uganda Lady Cranes in Dominant Display

    Kompany Disputes Superiority Claims Ahead of Auckland Clash

    Kompany Disputes Superiority Claims Ahead of Auckland Clash

    Visa Partners with Football Wonder Lamine Yamal

    Fans Given a Chance to Meet Lamine Yamal After His Partnership with Visa

    Why Trent Alexander Won’t Wear His Preferred No. 66 Jersey in Real Madrid

    EXPLAINED: Why Trent Alexander Won’t Wear His Preferred No. 66 Jersey in Real Madrid

    Misery For Arsenal as Nico Williams and Rodrygo Reject Transfer Offers

    Blow to Arsenal as Two Stars Reject Transfer Offers

    Kenya Lionesses Fall Prey to Springbok Women

    Kenya’s Lionesses Fall to Springbok Women in Crucial Match

    Harriet Okatch: Profile of New Kenya Rugby Union Chairperson

    Harriet Okatch: Profile of New Kenya Rugby Union Chairperson

  • Entertainment
    • All
    • Gaming
    • Movies
    • Music
    Daddie Marto

    Celebrity Koku Lwanga Accuses Daddie Marto of Assault and Cheating

    TikTok Step by Step Guide to Digital Safety and Privacy

    TikTok Rolls Out Safety Features to Protect Users

    Former American MTV talk show host Ananda Lewis PHOTO/ Felece Antoinette

    TV Superstar Ananda Lewis Dies at 52

    Milly Wa Doc Could Have Died Due to Pregnancy, Doctors Say

    Doctors Reveal What Caused Tik Toker Milly Wa Doc’s Death

    Milly Wa Doc Could Have Died Due to Pregnancy, Doctors Say

    TikTok Star Milly wa Doc Mourned After Mysterious Death

    Nandy Offers Tsh10 Million After Losing Engagement Rings

    Nandy Offers Tsh10 Million After Losing Engagement Rings

  • Lifestyle
    • All
    • Arts & Culture
    • Disabilities Matters
    • Ethics & Religion
    • Family
    • Fashion
    • Food
    • Human Interest
    • Immigration
    • Personal Finance
    • Travel & Tourism
    Faith Jerop a young mother from Diani in Kenya’s Kwale County PHOTO/Faith Jerop

    Kenyan Mother Recounts Her Struggle in Russia & Plea to Reunite with Daughter

    Unraveling the Naming History of London Estate

    How Nakuru’s London Estate Got Its Name

    Quickmart Customer Alleges Profiling at Thome Branch

    Quickmart Exposed for Allegedlly Profiling Customer After Alarm Incident

    Gulf Air Launches Direct Flights From Bahrain to Nairobi

    Gulf Air Launches Direct Flights from Bahrain to Nairobi

    A Kenyan passport.

    Countries Whose Citizens Are Allowed Entry into Kenya Without ETA

    Bwana Gessesse, Kenya’s Rising Star in Formula 1 Motorsport PHOTO/Bwana Gessesse

    From Lamu to the Racing Tracks: Meet a Kenyan Boy Who Is Training to Compete in Formula 1

  • Sci-Tech
    • All
    • A.I.
    • Cyber Security
    • Space
    • Technology
    ROAM Improves African Transport with New Modern Electric Motorcycles

    New Generation Motorcycle Launched in Kenya: Features to Enjoy

    TikTok

    TikTok Introduces Advanced Tools for Greater User ‘For You’ Feed

    First Kenyan-Owned Aircraft to Land on Australian Soil

    First Kenyan-Owned Aircraft to Land on Australian Soil

    Step by Step Guide to Managing Your Google Account Storage.

    Out of Google Storage? Here’s How to Free Up Space Without Deleting Important Data

    President William Ruto inspecting ongoing Affordable Housing Project. PHOTO/PCS.

    Zuku Launches Ksh10 Per Day Wi-Fi

    M-PESA

    How to Unlock, Reset Forgotten or Blocked M-PESA PIN

  • Behind The Brand
No Result
View All Result
The Kenya Times | Breaking News, Business, Politics, Sports, and Entertainment
No Result
View All Result
ADVERTISEMENT

Kenyan Protesters Have Taken to the Streets in Their Thousands; What the Law Says About Their Rights

by John Mukum Mbaku
July 23, 2024
Reading Time: 8 mins read
Kenyan Protesters

Side to side photo of protesters in Nairobi CBD and police officers. Photo/Courtesy

FacebookTwitterLinkedInRedditWhatsApp

Across Kenya, thousands of mostly young citizens went to the streets protesting against tax proposals tabled by President William Ruto’s administration in its annual budget legislation. Using hashtags like #RejectFinanceBill2024 and #OccupyParliament, protesters held demonstrations against the finance bill since 18 June 2024.

They believed its proposals burden salaried Kenyans, entrepreneurs and consumers, arguing that it goes against Ruto’s campaign promise to place the poor at the centre of economic policy, reduce taxes and lower the cost of living.

Advertisement

In response to the protests, however, the police have used teargas, batons and water cannons to disperse people. Several protesters have so far died, and hundreds have been injured.

John Mukum Mbaku has studied the application of human rights laws in Africa, including Kenya, for over three decades. We asked him some questions on the right to protest in Kenya.

Advertisement

What laws govern public protests in Kenya?

The right to protest consists of a group of rights guaranteed by both domestic and international law. This includes the right to freedom of expression and the right to peaceful assembly. These rights are a critical part of the practice of democracy in Kenya.

The right to protest is entrenched in Kenya’s constitution under Article 37. It states that:

Advertisement

Every person has the right, peacefully and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.

This right provides citizens with the wherewithal to inform the government of their grievances. It also represents one of the most important ways through which citizens can participate in their governance.

Kenya Protests
Gen Z-led anti-Finance Bill protests in Kenya. PHOTO/TKT

However, the right to protest isn’t absolute. Those who exercise it must not infringe unnecessarily on the rights of others, impede the operation of government, or endanger public order and safety.

There are other laws that regulate the nature of public demonstrations in Kenya. They include Section 5 of the Public Order Act. This law regulates public gatherings and forbids the holding of “a public meeting or a public procession” that’s not sanctioned by this section.

Anyone planning a public meeting, or a public procession must notify the police commander of the nearest police station “at least three days, but not more than 14 days, before the event”.

International Human Rights Law guarding Kenyan Protesters

International human rights law imposes an obligation on the state and its security agencies to enhance the ability of citizens to realize the right to peaceful assembly.

For example, according to the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials,

In the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent necessary.

Although not legally binding, the UN Basic Principles provide guidance for interpreting international human rights law. They also help UN member states ensure that law enforcement officials act in line with international human rights law.

Kenya ratified the International Covenant on Civil and Political Rights in May 1972. According to Article 21 of the covenant:

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Why do protests matter?

Protest is fundamental to the protection of human rights in a democracy like Kenya’s. Hence, it’s important that Kenyans, including their government, safeguard the constitutionally guaranteed right to protest for several reasons.

  1. Public protests can empower Kenyans and help them realise that they aren’t alone in their efforts to petition the government to provide relief for their grievances.
  2. Peaceful protests can force the government to include issues that are of interest to the protesting public in national policy debate.
  3. Protests can enhance the ability of minorities to participate in governance generally and policymaking in particular.
  4. Protests can function as a teaching tool, helping the government recognise, abolish or restructure “bad” or unworkable policies.
  5. Protests can force politicians to keep their campaign promises and refrain from abandoning development plans that were used to attract votes and win elections.
  6. Peaceful protests can give young people a way to insert new ideas into political discourse and help make governance more relevant to the lives of the people.
Kenyan Protesters: What the Law Says About Their Rights
Gen Z-led anti-Finance Bill protests in Kenya. PHOTO/TKT

How have Kenyan courts interpreted and applied the right to protest?

Kenyan courts have developed jurisprudence on the right to assemble and to protest. While some court decisions have supported the right to protest, others appear to impose restrictions on citizens’ rights of free assembly and association.

For example, in Ngunjiri Wambugu v. Inspector General of Police and Others (2019), the high court directed the government:

to formulate and/or amend the requisite law and regulations to ensure that demonstrations are peaceful and held as per the Constitution including inter alia prescriptions for demarcation of demonstration zones, responsibilities for clean-up costs, maximum numbers, consents of persons/entities adjacent to demonstration zones with appropriate penalties when they go outside the expectations of the law.

Human rights advocates believe that this order violates the right to freedom of assembly under the Kenyan constitution. Although the creation of so-called “demonstration zones” may appear to protect the right to protest, their real effect may be censorship and an unjustified limitation on the rights to freedom of speech and assembly.

Establishing official zones for protests can defeat the democratic function of demonstrations. Protesters should be able to choose the venue of their activities to maximize access to their target audiences. For example, a protest against legislative corruption would be more effective if held in front of parliament buildings or at the very least, in their vicinity.

Given that the purpose of a demonstration is to draw attention to the organizers’ cause or grievances, location is an important element of the right to protest.

What must be done to enhance the right to protest for Kenyan Protesters?

While it’s important that the government regulates protests to minimize harm – such as deaths or damage to property – it must not impose criminal liability on peaceful protesters. Instead, security forces should work to enhance and ensure the peaceful conduct of public gatherings.

Most importantly, agents of the state must not engage in activities that roll back constitutional rights under the guise of peace and security.

Holding organizers of protests jointly liable for acts that they may not have committed is unfair,and could deter them from organizing protests for fear of possible penalties if damage occurs. The Conversation

John Mukum Mbaku, Professor, Weber State University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Kenyan Protesters: What the Law Says About Their Rights
Side to side photo of KDF and protesters in Nairobi.
Tags: 2010 Kenya constitutionFinance Bill 2024Gen ZHuman RightsKenyaKenya ProtestsPolice BrutalityWilliam Ruto

Get real time update about this post categories directly on your device, subscribe now.

Unsubscribe
John Mukum Mbaku

John Mukum Mbaku

John Mukum Mbaku is a Brady Presidential Distinguished professor of economics and John S. Hinckley Fellow at Weber State University. He is also a nonresident senior fellow at The Brookings Institution in Washington, D.C., and an attorney and counselor at law, licensed to practice in the Supreme Court of the State of Utah, the U.S. District Court for the District of Utah, and the U.S. Supreme Court. He received his PhD in economics from the University of Georgia and his JD in law and graduate certificate in natural resources and environmental law from the S. J. Quinney College of Law at the University of Utah. He is a resource person for the Kenya-based African Economic Research Consortium. Professor Mbaku also holds a B.S. (Chemistry) from Berry College (Mount. Berry, Georgia), a B.A. (French Language and Literature) from Weber State University (Ogden, Utah), and an International MBA (IMBA) from the University of South Carolina. His research interests are in public choice, constitutional political economy, sustainable development, law and development, international human rights, intellectual property, rights of indigenous groups, women and children, trade integration and institutional reforms in Africa. Mbaku is the author of Corruption in Africa: Causes, Consequences, and Cleanups (Lexington Books, 2010) and (with Mwangi S. Kimenyi) of Governing the Nile River Basin: The Search for a New Legal Regime (The Brookings Institution Press, 2015) and Protecting Minority Rights in African Countries: A Constitutional Political Economy Approach (Edward Elgar, 2018). On May 22, 2017, John Mukum Mbaku, was admitted and qualified as an Attorney and Counsellor of the Supreme Court of the United States. At Weber State University, John Mukum Mbaku teaches courses in principles of economics, intermediate microeconomics, international trade, business calculus, and economic development. He also works with international students and helps them adjust to college life in the United States. Professor Mbaku also engages with community groups and helps them understand issues such as globalization, outsourcing, and immigration and how they affect economic activities in the United States. Professor Mbaku also visits local schools to talk to students about the U.S. constitution, constitutionalism and the rule of law in the United States and other countries. He is a consultant to several domestic and international news organizations, as well as multilateral organizations (e.g., the African Development Bank), on governance issues in Africa and has appeared on several domestic and international news programs to discuss elections, corruption, sustainable management of natural resources, including water, and various governance-related issues in Africa.

Related Posts

Celebrating Father’s Day 2025The Unsung Heroes

Celebrating Father’s Day Unsung Heroes

June 15, 2025
EAC Alcohol Tax Deal Is a Win for Consumers and Trade

Cheers to Unity! EAC’s Alcohol Tax Deal Is a Win for Consumers and Trade

June 13, 2025
How United Nations is Boosting Development of Somaliland

How United Nations is Boosting Development of Somaliland

June 12, 2025
The impact of NBA and how its efforts are transforming lives through basketball

How Basketball is Transforming Lives, Communities and Economies

June 11, 2025

LATEST ARTICLES

  • Constable Mukhwana Exposes DIG Lagat’s Role in Albert Ojwang’s Death
  • Museveni Signs Law Allowing Military Trials for Civilians
  • Career Paths and Opportunities for Bachelor of Arts Graduates
  • Kamukunji Police Station Location, Direction and Key Contacts
  • Tyranny of Numbers: Distribution of 100,014 Voters in Samburu County
  • Cryptocurrency Platform Luno Resumes Operations in Kenya
  • IMF Audit Team in Kenya for 2 Weeks to Investigate Corruption
  • Lycée Denis Diderot Fees, Location & Contacts
  • Israel Takes Over Iranian Airspace in Just 48 Hours
  • Deputy Inspector General of Police Eliud Lagat Steps Aside
  • On This Day: Starlets Become First Kenyan Team to Qualify for the World Cup
  • Murkomen Gives Order to all Police Stations in Kenya
  • Govt Responds to Claims of Ruto Supplying Weapons to Sudan
  • Tanzania and Uganda Among 36 Countries Facing Possible US Travel Ban: Here’s Why
  • Celebrity Koku Lwanga Accuses Daddie Marto of Assault and Cheating

Company

About Us

Our Authors

Our Experts

Social Media

Policies

Privacy Policy

House Rules

Standards and Policies

Terms and Conditions

Subscription

My Account

Contact Us

Contact Us

Join Our Team

Advertise With Us

© Copyright 2025 | The Kenya Times | All Rights Reserved

Welcome Back!

Sign In with Facebook
Sign In with Google
Sign In with Linked In
OR

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Sign Up with Facebook
Sign Up with Google
Sign Up with Linked In
OR

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
Your Privacy and Cookies
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
LOGIN | REGISTER
  • Login
  • Sign Up
  • Cart
No Result
View All Result
  • News
    • Diaspora News
    • National News
    • World News
  • Weather
  • Climate
    • Climate Business
    • Climate Change
    • Climate Solutions
    • Environment
  • Business
    • Banking
    • Cryptocurrency
    • Money Markets
    • Real Estate
    • Startups
  • Health
    • Mens Health
    • Mental Health
    • Wellness
    • Womens Health
  • Law & Order
    • Cyber Crime
    • Courts
    • Financial Fraud
    • Missing Persons
  • Sports
    • Athletics
    • Basketball
    • Boxing
    • Cricket
    • Football
    • Formula 1
    • Golf
    • Rugby
  • Entertainment
    • Music
    • Movies
  • Lifestyle
    • Arts & Culture
    • Disabilities Matters
    • Family
    • Fashion
    • Food
    • Human Interest
    • Travel & Tourism
  • Opinion
    • Editorials
    • Letters to Editor
    • Anjana Susarla
    • John Mukum Mbaku
    • Makau Mutua
    • Peter Ongera
    • Salim Lone
    • XN Iraki
  • Sci-Tech
  • Behind The Brand
  • Contact Us

© 2024 The Kenya Times | Our Privacy Policy | Standards and Policies | House Rules

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?