In recent weeks, anti-government demonstrations called by Azimio have drawn protesters and goons creating a recipe for chaos as police move in to maintain law and order.
So far, more than 30 people have been shot dead by police since the anti-government demonstrations started in March. Despite innocent wananchi being felled by police bullets, the government has continued pushing the narrative that the demonstrators are criminals behind vandalism and looting of businesses.
However, the government's narrative is not entirely accurate. According to Article 37 of the Constitution, guarantees Kenyans the right to demonstrate and picket. While it is true that some goons may take advantage of the protests to commit crime, it remains the responsibility of the police to maintain order without infringing upon the right to protest.
Rather than restricting this fundamental right altogether, the authorities should focus on preventing criminal elements from disrupting peaceful demonstrations.
The politics around the demonstrations threaten to erode the constitutional right of assembly.
In a joint statement, National Assembly Majority Leader Kimani Ichung'wah and Senate Majority Leader Aaron Cheruiyot claimed that Azimio was paying protesters to wreak havoc across the country, in effect dismissing the push to lower the cost of living.
"The violent demonstrations witnessed in recent months have been financed by Odinga's sponsors in the former government. Tens of millions of shillings are shipped across the country ahead of every demonstration," the two lawmakers alleged.
Plainclothes police officers on patrol during anti-government protests in Mathare, Nairobi, on July 19, 2023. [Collins Kweyu, Standard] This divisive situation has left Kenyans in a state of confusion. On the one hand, if they choose to participate in demonstrations, they risk arrest, serious injuries, or even fatal encounters with the police. On the other hand, those who refrain from protesting find themselves at the mercy of a government that has been accused of ignoring the concerns of its citizens.
"Many Kenyans feel unheard and overlooked by the government," said Bishop John Oballa.
So far, President Ruto's significant government policy changes are being challenged in court leading to the suspension of the implementation of the Finance Act, 2023. Stakeholders who challenged the Act argued that it failed to acknowledge the realities of the economic situation of the day and would accentuate the economic difficulty experienced by Kenyans.
The government defends its policies as necessary to address the economic challenges facing the country and to fund vital development projects. However, the opposition and citizens argue that the burden falls disproportionately on the shoulders of mwananchi, already grappling with the increasing cost of essential goods and services.
As tensions rise and the standoff between the government, opposition and demonstrators persists, the future remains uncertain for Kenyans. They find themselves navigating a complex landscape, torn between expressing their legitimate concerns through constitutionally granted freedoms that seem not to be recognised by the government of the day.