The Kenyan Section of the International Commission of Jurists (ICJ Kenya) criticized police officers' for using live bullets against peaceful demonstrators during the 'occupy parliament' demonstrations against the proposed Finance Bill 2024.
According to ICJ Kenya chairperson Protas Saende, it is illegal and unconstitutional for police officials to violate Kenyans' rights to picket and peacefully assemble, as dozens of demonstrators have allegedly been injured in day-long running skirmishes around the nation.
“These protests were in response to the proposed 2024-2025 Finance Bill, which many believe will significantly increase taxes on an already overburdened population. Through online and offline mobilisation, thousands of Kenyans exercised their constitutional right to participate in public affairs, expressing their views through freedom of expression, association, and assembly,” said Saende.
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He stated that during different instances on Tuesday and Thursday, at least 335 peaceful protestors were unlawfully arrested by unidentifiable civilians, undermining responsible policing.
“Notably, the arrested individuals were not informed of the reasons for their detention, violating their rights under Article 49 (1) of the Constitution. These incidents were widely documented by the media and shared on social media. We commend the Director of Public Prosecutions for refusing to entertain charges against lawful protesters,” he said.
The judicial commission is now advocating for revising protest-policing legislation and methods to allow people to demonstrate without causing harm, injury, or death.
“We commend Kenyans for peaceably exercising their constitutional rights without fear. We are acutely aware of the arduous journey that has brought us to our present state of governance. Kenyans should remain vigilant and steadfast in safeguarding them,” said Saende.
ICJ Kenya has since issued many suggestions to duty bearers, notably, the Independent Policing Oversight Authority (IPOA), to investigate and prosecute police personnel found guilty of employing unlawful force against peaceful protestors at both the individual and command levels.
Japheth Koome, the Inspector General (IG) of the Police, has also been requested to preserve constitutional principles of political and executive independence and content neutrality in terms of speech and protest.
"We call for a review of the strategies, procedures, and equipment used by the National Police Service in policing protests to ensure that interventions are legal, proportional, necessary, precautionary, and accountable," according to Saende.
”We call upon the Executive and the NPS to protect online and offline freedoms, fostering freedom of expression, access to information, association, assembly, and public participation as dictated by Article 21 of the Constitution.”
Sande also decried the violence perpetrated against journalists and civil society observers, who play an important role in providing public access to information.
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