• The ruling follows a petition by Nyeri Town MP Ngunjiri Wambugu.
Demonstrators will have a tough time following Justice James Makau's ruling that the right to picket is conditional.
The High Court ordered the Inspector general of police and Interior CS to formulate a code of conduct for conveners of demonstrations.
The ruling follows a petition by Nyeri Town MP Ngunjiri Wambugu.
He filed a petition calling for the IG, Interior CS and AG declare that the right to demonstrate should be allowed only on condition that protesters conduct themselves peaceably and unarmed.
Makau said the code should include detailed explanations of how they intend to ensure non-demonstrators are not adversely affected by such assemblies.
The codes he said should provide a clear line of responsibility of who is liable in case of loss of life or property.
The Judge issued the orders after Wambugu made an arguable case.
Wambugu in his petition claimed that previous demonstrations have led to loss of life and property hence the need to ensure those not demonstrating are not affected during such protests.
He argued that it is possible to assemble and demonstrate peacefully without infringing on other peoples rights and fundamental freedoms.
The judge said formulating of regulations that will limit the right to picket is of utmost importance as it will enable in resolving the dilemma that has failed the country in managing, controlling and containing the violent demonstrations that have threatened the peace of the country.
"In this country it's no longer a secret that demonstrations have escalated from peaceful and unarmed gathering to a violent unruly and unlawful gathering which end clouding the real agenda," he said.
Makau acknowledged that protests play an important role in civil, economic and cultural life but limitations are also important.
"I find that Wambugu has demonstrated that there should be an element of deterrence that would guide assemblies and guide demonstrators to maintain peace and order," he said.
It's for that reason that the judge further ordered the IG, Attorney general and CS Interior to formulate or amend the law to ensure demonstrations are peaceful.
This, he said, should result to prescriptions for demarcation of demo zones, responsibilities fir clean up costs, consent of persons adjacent to demo zones with appropriate penalties when they go outside the expectation of the law.