Gen Z should have known right to protest is not absolute

 

A youthful protester dares an anti-riot police officer along Kenyatta Avenue during the Anti-government protest on July 23, 2024. [Boniface Okendo, Standard]

Generation Zoomers should know the right to protest is not absolute

Francis is a barber in Nairobi’s CBD. He works on commission; with the number of customers he attends to determining his take-home every month.

Whenever demonstrations, such as those led by the Gen Zs, rock the CBD, the barbershop stays closed.

On those days, Francis does not make any money. Yet bills remain constant. Landlords must be paid and food put on the table.

The right to demonstrate is protected by Kenya’s Constitution. Even then, interminable protests are counterproductive to Kenyans, both at a personal level and as a country.

Following last year’s anti-government protests, the Kenya Private Sector Alliance (Kepsa) said “the nation lost Sh3 billion per day". This, they said, was “caused by subdued business activities across the country as a result of sustained protests” and “the country’s economic engines closed for fear of theft and destruction from people taking advantage.”

Gen Zs have captured the nation’s imagination by speaking truth to power. They have articulated concerns that have been foremost in the hearts of Kenyans unable to find avenues of expression.

But a line is drawn when the protests they lead have no clear endgame; when they begin to lend themselves egregious breaches of the law.

This column has previously cautioned that an amorphous movement without a leader or goal runs the risk of being infiltrated by politicians or miscreants. This is becoming more apparent by the day.

No roadmap

President William Ruto has acceded to many of Gen Z’s demands. Still, they refuse to hold an audience with him. They call for his resignation and the dissolution of Parliament without providing any constitutionally sanctioned roadmap to that end.

They now threaten an escalation of protests which, so far, have been limited to certain days of the week. But calling for the occupation of protected areas and “bringing down fences” in these areas is simply beyond the pale.

It cannot be countenanced by any right-thinking Kenyan. The Rubicon cannot and must not be crossed.

Ruto is right in serving notice. He is after all the duly elected president of the republic. The buck stops with him.

The right to protest or demonstrate is not absolute. It stops at the point where it begins to threaten the rights and freedoms of others.

Francis the barber has the right to work and earn a living in Nairobi’s CBD. The president must protect that right from being infringed on by protesters.

Similarly, “kusalimia,” which is the Gen Z act of torching the properties of leaders who don’t subscribe to their mantra, must stop. It is criminal. It must not be allowed to gain currency in the same manner public schools were burnt by disaffected students a few years ago. Freedom is not a license.

There is a limit to the demands that the president can accede to. The Constitution of Kenya does not envisage governance by acclamation. That is why sovereign power is donated to the president.

According to Article 131 (b) he “exercises the executive authority of the Republic with the assistance of the Deputy President and Cabinet Secretaries.” Rule Mr President. You have until the second Tuesday of August 2027 to exercise your mandate over this nation.

Mr Khafafa is a public policy analyst