What does the law provide about demonstrations?- Duale Outlines.
What does the law provide about demonstrations?- Defence Cabinet Aden Duale Outlines as President Ruto Calls for National dialogue on protests.
1. Article 37 of the Constitution provides that every person has the right to PEACEBLY and UNARMED to assemble, to demonstrate, to picket, and to present petitions to public authorities.
2. The right to assemble demonstrate, picket and present petitions to public authorities is hence exercisable under Article 37 of the Constitution under two conditional precedents which must be met: PEACEBLY and UNARMED. Have the maandamano we have witnessed being done PEACEBLY and by UNARMED persons?
3. Suffice it to note that the right to assemble, demonstrate and to picket is not an absolute right.
4. Article 24 of the Constitution provides that the right to assemble, demonstrate and to picket is one of the rights that can be limited vide legislation to ensure that the enjoyment of rights and fundamental freedoms by any individuals does not prejudice the rights and freedoms of others. Have the maandamano not taken away the right to property of Kenyans with the mass destruction not only of private property but public property?
5. Article 259(1)(b) of the Constitution provides that the Constitution shall be interpreted in a manner that advances the rule of law, and the human rights and fundamental freedoms in the Bill of rights.
To what extent do the maandamano fall within the defined parameters of the Constitution in particular the Bill of Rights?
Is looting, destruction of property, anarchy and hooliganism the definition of demonstrations? Certainly not. These are purely criminal acts that have no constitutional basis. The conversation should begin here.