The Kenyan Section of the International Commission of Jurists (ICJ Kenya) has condemned the excessive and unlawful use of force and firearms by police officers against peaceful protesters amid the ongoing nationwide protests against the proposed Finance Bill 2024.
According to ICJ Kenya chairperson Protas Saende, it is unlawful and unconstitutional for police officers to suppress Kenyans’ rights to picket and peacefully assemble, as scores of protesters have reportedly sustained injuries in day-long running battles across the country.
“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.
Saende further noted that during separate incidents on Tuesday and Thursday, at least 335 peaceful protesters were arbitrarily arrested by unidentified persons in civilian clothing thus undermining accountable 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 commission of jurists is now calling for the review of laws and practices around policing protests to enable the right to protest rather than cause destruction, injury, and 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 made several recommendations to duty bearers including the Independent Policing Oversight Authority (IPOA) to investigate and prosecute police officers found culpable of using unlawful use of force against peaceful protesters at the individual and command level.
Inspector General (IG) of Police Japheth Koome has also been urged to uphold the constitutional principles of independence of political and executive influence and content neutrality regarding expression 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,” said 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 condemned violence meted on journalists and civil society observers who play a critical role in ensuring public access to information.
