Wiper leader Kalonzo Musyoka has called for the immediate and unconditional release of people arrested during Tuesday's Saba Saba demonstrations, saying peaceful protest is a constitutional right that should not be criminalised.
In a statement marking the 36th anniversary of the historic Saba Saba movement, Kalonzo criticised the handling of the demonstrations, saying the police response undermined the democratic gains secured through years of struggle for multiparty democracy.
"I therefore call for the immediate and unconditional release of every Kenyan arrested today while peacefully exercising their constitutional right to demonstrate. Peaceful protest is not a crime. It is a right expressly guaranteed under Article 37 of the Constitution," Kalonzo said.
The former Vice President paid tribute to the pioneers of the July 7, 1990 pro-democracy movement, including Raila Odinga, Kenneth Matiba, Masinde Muliro, Charles Rubia, Martin Shikuku and James Orengo, saying their sacrifices paved the way for the repeal of Section 2A and the restoration of multiparty democracy.
"Their courage and sacrifice forced the repeal of Section 2A, reopening the path to multiparty democracy. To the pioneers of Saba Saba, we say: Kenya remembers you, and we honour your sacrifices," he said.
Kalonzo said the current generation of young Kenyans was carrying forward the struggle for justice and accountability by exercising rights protected under the Constitution.
"The young Kenyans in our streets today have not abandoned that struggle; they have inherited it. When our young people march peacefully, they are not lawbreakers. They are Kenyans exercising a constitutional right that their elders bled for," he said.
He also criticised the deployment of security officers during the demonstrations, saying roadblocks and a heavy police presence had interfered with what he described as constitutional freedoms of movement, assembly and peaceful protest.
Kalonzo also expressed concern over reports of plain-clothes and masked officers allegedly arresting protesters using unmarked vehicles, saying such actions undermined the rule of law.
"This is not policing. This is intimidation in service of a regime that fears its own people," he said.
The Wiper leader further raised concern over what he described as attacks on opposition leaders, independent media and dissenting voices, warning that political intolerance threatened the country's democratic progress.
He also claimed there had been incidents in which criminal gangs allegedly operated alongside or under the watch of law enforcement officers during the protests, which he said had eroded public confidence in the National Police Service.
"I remind the National Police Service of its own motto: 'Utumishi Kwa Wote'-Service to All. Not service to an individual or a political administration, but service to Kenya, to her Constitution, and to every Kenyan who calls this country home," Kalonzo said.
He called for disciplinary action against security officers whose actions or inaction may have led to violations of constitutional rights during the demonstrations.
With the 2027 General Election approaching, Kalonzo said an opposition government would implement wide-ranging police reforms if elected.
"When we form the next government after the August 10, 2027 General Election, we will deliver comprehensive police reform. We will ensure every abduction and every death in custody is independently investigated and those responsible held fully accountable," he said.
Earlier, Nairobi Regional Police Commander Issa Mohamud described this year's Saba Saba demonstrations in the capital as largely peaceful, saying 10 people were arrested as police maintained law and order throughout the day.
Addressing the press after the protests, Mohamud said six people were arrested in the Pangani area while four others were arrested within the Central Police Station jurisdiction.
"The conduct of the public today has reaffirmed that Kenya remains a nation guided by order, unity and mutual respect. We apprehended only 10 people—six in the Pangani area and four within the Central Police Station," Mohamud said.
He commended the public for exercising restraint during the demonstrations, saying the peaceful conduct of most protesters enabled businesses in many parts of the city to continue operating.
"As you can see, about 80 per cent of businesses remained open until this time," he said.
The regional police commander reiterated that the Constitution guarantees every Kenyan the right to assemble, demonstrate and picket, but said those freedoms must be exercised within the law.
"The right to assemble, demonstrate and picket is guaranteed under the Constitution and must be exercised in accordance with the Constitution," he said.
Mohamud, however, warned that police would take action against anyone who used demonstrations to engage in criminal activities, including vandalism, looting or destruction of property.
"There must be order. If you love your country, you should uphold peace. Lakini kama unatafuta pesa kwa NGOs kuharibu mali ya watu, hiyo hatutakubali," he said.
Mohamud also rejected allegations that police officers were involved in abductions, saying the National Police Service operates within the law.
"And we don't do abductions, we are police officers. The whole day, we have been here," Mohamud said.
