Outrage as leaders fault Kindiki's order on hecklers

Lawyers and politicians said the directive would infringe on freedom of expression rights.

In Summary
  • Kindiki had on Sunday directed that those heckling during political events be arrested and charged as a move to rein in disorder during such meetings.
  • This was in reaction to an incident in Bomet on Saturday where hecklers shouted down leaders who accompanied President Ruto on his tour of Bomet.
Interior Cabinet Secretary Kithure Kindiki during a meeting with Kericho County Security Management Team in Kericho on March 18, 2024
Interior Cabinet Secretary Kithure Kindiki during a meeting with Kericho County Security Management Team in Kericho on March 18, 2024
Image: MINA

Interior Cabinet Secretary Kithure Kindiki’s directive that hecklers at presidential rallies be arrested has triggered a storm with some leaders faulting the order.

Kindiki had on Sunday directed that those heckling during political events be arrested and charged as a move to rein in disorder during such meetings.

"It doesn't matter whether the organisers or sponsors are pro or anti-government. We will crush them equally. Nobody is above the law," Kindiki said while on a tour of Trans Nzoia on Monday.

This was in reaction to an incident in Bomet on Saturday where hecklers shouted down leaders who accompanied President Ruto on his tour of Bomet.

However, some politicians and lawyers have criticized the order as going against the Constitutional provisions on freedom of speech and expression.

Lawyer Miguna Miguna said heckling is a peaceful expression and it is not a sign of disrespect.

“It’s squarely within the rights of the hecklers, as long as they are not violent and don’t go beyond heckling," Miguna said on his X account.

“A free and democratic society must never criminalize heckling."

City lawyer Ndegwa Njiru also differed with Kindiki’s order saying heckling, shouting, whistling, wailing and booing is a fundamental freedom protected under Article 33 of the Constitution.

“The Constitution does not provide on how one can express himself...to that extent, I will defend pro bono whoever will be prosecuted for doing that," he said.

Former Law Society of Kenya president Nelson Havi, however, called for the prosecution of those heckling leaders, especially the president.

“Heckling or disrupting the President’s function is a NO! NO! Let them be arrested and prosecuted," Havi posted on his X account.

“Even I, a small president would not countenance heckling and disruption.”

Former Mukwerein MP Kabando Wa Kabando warned against what he termed as an attempt to outlaw heckling.

“To recognise is to acknowledge. As constitutionalists, we've to recognise that Ruto is president. However, respect means esteem. Honour can't be forced. Government can't outlaw heckling," he said on his X account.

Saboti MP Caleb Amisi said there is no need to arrest youths heckling leaders because they are earning a living due to a lack of employment opportunities.

“Youths heckling and women ululating for you in a function makes a wonderful rhythm. Heckling is also a side hustle by desperate unemployed youths. They get hired and get something to feed their families," Amisi said.

“What would you prefer? They steal from the public, form criminal gangs, or heckle for a living? You need to make business booming for them by paying more others to heckle back in a mixed cacophony of melody."

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