The Law Society of Kenya (LSK) has strongly criticized Nairobi Regional Police Commander Adamson Bungei for his decision to ban Tuesday’s protests against the 2024 Finance Bill.
The march, known as “Occupy Parliament,” was intended to voice opposition to the bill, but Bungei claimed that the organizers had not applied for the necessary permit and therefore prohibited any demonstrations in the city center.
He further warned that police would be deployed throughout the capital to prevent and manage any protests.
In response, the LSK issued a statement rejecting Bungei’s assertions, emphasizing that the Constitution of Kenya guarantees citizens the right to demonstrate without needing approval from the police.
The LSK underscored that this constitutional right cannot be overridden by the police commander’s directive, reaffirming the fundamental freedoms of assembly and expression.
“Article 37 of the Constitution of Kenya provides for the right to assembly and demonstrate and it has no provision for notice to be given to you nor can you limit anyone’s right outside what is provided for under Article 24 of the Constitution,” the society’s president Faith Odhiambo said.
“Article 19(3) further guarantees these rights and fundamental freedoms. Your actions would therefore be construed to amount to suspension of Articles 19 and 37 of the Constitution, which actions are unconstitutional.”
LSK demanded that Bungei retract his statement and allow the protests to go on as planned and provide security to protesters, failure to which they would sue him.
“Should you proceed to disregard our request, we will initiate court proceedings against you based on the doctrine of command responsibility and proceed to seek orders holding you personally liable for harm caused by the police to the protesters,” LSK further told the police commander.
Tuesday’s demonstrations aimed to pressure lawmakers to reject the 2024 Finance Bill, which is set to be tabled in the National Assembly on the same day.
The bill, sponsored by Molo MP Kimani Kuria, seeks to amend various legislations in an effort by the Treasury to raise an additional Ksh.300 billion through taxes. Opinion polls indicate that a significant majority of Kenyans oppose the bill.
As protesters began their demonstrations in Nairobi’s city center, MP Kuria, who chairs the National Assembly Finance Committee, announced that the government had decided to drop several contentious proposals from the bill.
These included plans to impose a 16 percent Value Added Tax (VAT) on bread, financial services, and foreign exchange transactions, as well as a contentious motor vehicle tax.
The Finance Bill, 2024, which has faced widespread public backlash, will be debated by MPs on Wednesday and Thursday.
