Violence Undermines The Purpose, Legitimacy Of Peaceful Protests, LSK Warns

NAIROBI Kenya July 18 -The right to protest peacefully does not permit individuals the authority to engage in violent or destructive behavior.

The Law Society of Kenya (LSK) has urged members of the public to maintain peace during protests and note that the right to demonstrate is only protected in law when it is peaceful and unarmed.

“Violence, vandalism, looting, or any form of aggression undermines the purpose and legitimacy of peaceful protests,” LSK said.

The society warned that violent acts divert attention from the message and leads to unnecessary disruption of public order thereby diminishing the overall essence, impact and credibility of the protest.

The law enforcement agencies have also been urged to observe respect for the principles of democracy and human rights during these protests.

“The LSK is concerned by the widespread cases of violence and allegations of unnecessary or disproportionate use of violence including the use of firearms by the police during the recent protests,” the LSK said in a statement signed by the President, Erick Theuri.

There are reports of a number of people who have been killed and thousands have been injured in the demonstrations.

According to the LSK, the right to protest peacefully plays a crucial role in democratic societies by providing a platform for people to express their views, call for change, and influence policies.

It is a right that is guaranteed under Article 37 of the Kenyan Constitution which provides that: “Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”

This right is also guaranteed under regional and international human rights instruments ratified by Kenya, including Article 11 of the African Charter on Human and Peoples Rights (Banjul Charter) and Article 21 of the International Covenant on Civil and Political Rights.

“Having said that, it is crucial to note that the right to protest peacefully does not permit individuals the authority to engage in violent or destructive behavior,” LSK said.

Theuri said it was the responsibility of the National Police Service who are charged with the mandate of maintaining law and order to abide by the provisions of Public Order Act and provide security to members of public during protests.

“The Policing of protests must seek to facilitate peaceful assembly and any use of force must be guided by the principles of legality, necessity, proportionality and professionalism to avert heightening tension and provoke violence from the protesters,” Theuri said.

During the July 12 demonstrations, there were instances of excessive use of force, unlawful arrests, threats increased in number, intensity, and brutality, with some of the cases resulting in a fatality, serious injuries, and damage to property.

LSK has also called upon Independent Policing Oversight Authority (IPOA) to conduct prompt, thorough, independent and transparent investigations into the deaths and injuries as well as the use of force and live ammunition by the police.

“We also call upon the police to put in place effective measures to prevent further deaths and injuries,” Theuri said.

Theuri called for open national dialogue to address social economic and political grievances, with the aim of identifying lasting solutions in the interest of all Kenyans.

“These protests highlight deep-rooted systemic issues that continue to persist in our country. It is a wake-up call for all of us to come together and address these pressing concerns,” he said.