The Civil Society Reference Group (CSRG) calls on the government not to use the ongoing census as an excuse to abrogate the rights and fundamental freedoms of citizens.
Article 24 of the Constitution is clear that “a right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors.”
While the Reference Group appreciates the importance of the census as a national undertaking it should be clear that the Constitution that protects the rights and fundamental freedoms of citizens and non-citizens living within the country has not been suspended.
The country is also not in a state of emergency to warrant the kind of fear being instilled in the people as the exercise that started on August 24th and end on 31st of August is undertaken.
Article 36 of the Constitution is clear that every person has the right to freedom of association. Article 37 that follows it immediately in the Bill of Rights is also explicit that every person living within the territory has the right to freedom of assembly, while Article 39 protects the right to freedom of movement.
Those licensed to operate social enterprises like bars, night clubs and related amenities should be seen as making a sacrifice and not violating any known law even as they are expected to close their businesses earlier than usual.
To the best knowledge of the leadership of the Civil Society Reference Group, the directive that may have been issued by the Cabinet Secretary for Interior and Coordination of National Government Dr. Fred Matiang’i that bars and such related enterprises close at 5.00 pm is not based on any law and must be treated as a request not an order.
As such, law enforcement agencies must act with restraint and treat the people and owners of such premises with the dignity and decorum that they deserve as responsible citizens who have voluntarily heeded the government call and appeal to make the much-needed sacrifice for the successful undertaking of the 2019 census.
This is the only way we can avoid retrogressing to the dark days when executive fiat and decrees were used as established law.
It is not yet too long since we put those dark days behind us. Our memories are still as fresh as a daisy. The last thing Kenyans expect from the government is any attempt to reverse these gains that we have made as a people and use the ongoing census as an excuse to violate the rights and fundamental freedoms of the people.
A statement from the Suba Churchill, convener, Civil Society Reference Group.
