- They said Kenya Kwanza government has failed to deliver its promises, leaving Kenyans to continue grappling with the high cost of living
- The non-compliance situation calls for the citizens to defend the constitution and demand their rights by exercising peaceably assembling
Image: EZEKIEL AMING'A
A group of human rights organisations have condemned the conduct of the police during the Monday anti-government protest saying the law enforcers took sides.
But on his part, interior Cabinet Secretary Kithure Kindiki commended police conduct during the protests.
“The National Police Service (NPS) has done our Country proud, despite the day-long provocation by unruly protesters. Kenya must end impunity and apply one Constitution and one set of laws for everyone, for enduring peace and stability of our Nation,” he said.
Kenya Human Rights Commission (KHRC), Constitution and Reform Education Consortium and Muhuri in a statement noted that Kenya Kwanza government has failed to deliver its promises, leaving Kenyans to continue grappling with the high cost of living, heavy taxation, unemployment, and litany of unconstitutional decisions.
According to KHRC, the non-compliance situation calls for the citizens to defend the constitution and demand their rights by exercising peaceably assembling, picketing, and demonstrating as provided under Article 37.
“Given this context of non-compliance, Kenyans remain with a sole obligation to defend the Constitution and demand these rights through among other public actions.
"It is on this basis, the Constitution guarantees under Article 37 the right to peaceably assemble, picket and demonstrate against any actor whose conduct is inimical to these obligations.”
“Today (Monday), the Constitution has been put to test when Kenyans across the Country led by the political opposition were denied the opportunity to stand against the aforementioned concerns,” the statement said.
The president, the Cabinet Secretary Ministry of Interior and National Administration, and the County Commander in unison deemed the protest illegal and contrary to public order and security, the statement added.
"This interpretation is misguided and faulty for in the constitution, there is no limitation on this basis and the Public Order Act does not grant the police power to approve or disapprove any public gatherings,” the statement read.
KHCR noted that the police conduct during the protest was characterised by unlawful arrests, excessive and violent use of force, injuries, killings, and restriction of movements.
This, according to the organisations is a reminder of the dark doctorial tactics of the KANU – Kenyatta and Moi regimes.
“This unfortunate development contradicts the expected transition in the Constitution from a police force to a service and regime to democratic police. The Constitution under Article 244 provides that National Police Service shall comply with fundamental standards of human rights and freedoms."
“We strongly condemn this barbaric conduct by the state and the police which have refused to transform since colonial times,” the statement said.
They observed that the police have been used as a tool of political repression and weaponization by the ruling elite to settle political scores over a century.
KHRC in the notice demanded that the unlawfully arrested be released.
“We also demand that the government address the high cost of living as a matter of priority because Kenyans are suffering.”
HAKI Africa also Monday condemned the excessive use of force by the police during the protests.
At least one person was shot and killed by police and dozens injured in the chaos that was reported in various parts of the country.
The protesters argued it is the police who attacked them in efforts to disperse their meetings.