Law enforcement officers in Mombasa are increasingly infringing on the rights of Kenyans to picket, civil society organizations have said.
They said this is a dangerous trend that has to be stopped lest democracy is thrown to the dogs.
Addressing the press on Friday at the Muslims for Human Rights offices, representatives of five civil society organizations said police have lately been using the Covid-19 pandemic to violate people’s right to picket.
“We have noted that as early as November 11, 2019, long before the Covid-19 pandemic arrived, police had been violating this right,” said Civil Society Reference Group’s Suba Churchill.
Churchill said it is emerging as a policy in Mombasa county to disrupt any kind of protest.
Muhuri’s acting executive director Rahma Gulam said the right to protest and present petitions to public authorities is recognized and protected in the Constitution and the United Nations and Regional Human Rights Mechanisms, including the African Commission on Human and People’s Rights, to which Kenya is a signatory.
The UN and the African Commission on Human and People’s Rights mechanisms have developed international standards and principles that should guide law enforcement agencies and apply at all times before, during and after protests.
“These law enforcement officers should familiarize themselves with these standards and follow them,” said Gulam.
She noted that courts, including those in Mombasa, have pronounced themselves unequivocally in support of the principles.
The CSOs, including Article 19 East Africa, Kituo Cha Sheria and Social Justice Centres in Mombasa have held consultative meetings with the law enforcement agencies in the county.
“This was specifically to draw their attention to these provisions of law and increasing public concern about their seeming enthusiasm to disallow, disperse and violently break protests,” said Article 19’s Muthuri Kathure.
Kathure said police in Mombasa disrupt even protests for which they have been notified.
“Covid-19 must not be weaponized and used a cover-up to prevent citizens in Mombasa from expressing their displeasure with the manner in which public funds are misappropriated and affairs of public nature mismanaged,” said Kathure.
However, Mombasa county commissioner Gilbert Kitiyo said the police never denies anyone their right to picket.
Kitiyo said normally, they are allowed to picket.
“What the protestors do not do usually is following advice from the police. When they are advised not to hold the protest at a particular place for one reason or another, that is exactly where they insist they want to do the protest,” said Kitiyo on phone.
He said the rights activists are only being 'cry-babies'.
“It is good that they usually follow the law and write to police notifying them. But then they should also listen to advise from the police so they can be protected better,” said the county commissioner.
The CSOs said they will hold law enforcement officers individually liable for any violation of these rights to picket.
Churchill said although law enforcement officers across the country violate these rights to picket, those in Mombasa have become too much.
He said police have been known to maim people in the name of enforcing the law.
Churchill noted they will be pushing to have the law enforcement officers cater for the medical bill of any protestor they hurt.
The CSOs pointed an accusing the finger at the police bosses, who, they said, issue orders to their juniors while they sit at the comfort of their offices.
“Protests are a right like any other human right. In all occasions, protestors have been duly notifying the police as is required by law. But then these police disregard all laid down principles and hurt protestors in a bid to stop them from demanding accountability,” said Churchill.
