Why State House is a 'No-Go Zone'

In 2015, civil rights activist Boniface Mwangi moved to court to challenge the refusal to allow him and fellow activists (Team Courage), to hold a public march and demonstration outside State House, Nairobi's Gate A.

Mwangi had issued a notice addressed to the Officers Commanding Central Police Station and Kilimani Police Station on December 3, 2015.

At the time, their plans were to hold a public demonstration commencing at Freedom Corner in Uhuru Park and later to proceed to State House Gate A to deliver a petition to the President of the Republic of Kenya.

The OCPD, upon reading the Notice, declined to authorise the intended demonstration by indicating, “March to State House Gate “A” NOT allowed.”

In the ruling, although the court agreed that the OCPD and OCS had no right to bar Team Courage's right to assemble, the activists were by law barred from protesting outside StateHouse.

"The right to specifically assemble, march to or demonstrate at State House Gate A is lawfully limited by law and until that law is declared unconstitutional (and I have not been asked to do so) then it must be obeyed."

More recently, following the recent Finance Bill Protests, there have been calls to #OccupyStatehouse which activists, who are well informed, have decried as misleading.

What are protected areas

In the constitution of Kenya, we have the Protected areas act that is an Act of Parliament to prevent the entry of unauthorised persons into areas which have been declared to be protected areas.

Any area to be protected by order if it is deemed necessary for public safety and order. No unauthorised entry is allowed without permission.

It is a protected area if it is determined that it is necessary to take special measures to prevent unauthorised individuals from entering in the interests of public safety and order, he may declare the area or place to be a protected area for the purposes of the protected area act by order published in the Gazette.

Once the order is in effect, no one is allowed to enter the protected area without the permission of the prescribed authority or any other person that may be specified in the order, subject to any exemptions that may be made in the order.

Entry into a protected area

When someone is authorised to be in a protected area under section 3 of the law, they must abide by any rules regarding appropriate behavior under that authorisation.

These rules may be issued by the district police chief, the prescribed authority, or another individual.

Any person, conveyance, vehicle, vessel, or container found in or found entering a protected area may be searched by any police officer or any person authorised in that regard by the prescribed authority.

They may also stop and detain any person, conveyance, vehicle, vessel, or container for the purpose of searching him or it.

Consequences of not abiding by the law

Any person found guilty of being in a protected area without authorisation, disobeying orders issued under that section, disobeying instructions or refusing to consent to a search will be found guilty of an offense and face a maximum sentence of two years in prison, a maximum fine of five thousand shillings, or both.

Without affecting any legal action that may be taken against him, any police officer or other person designated by the prescribed authority may remove a person from a protected area if they are in the area illegally or if they are in the area lawfully but refuse to follow any instructions issued.

For the purposes of the rules, the locations, spaces, and buildings listed in are designated as protected areas. No one is permitted to enter these protected areas without the authorization of the designated authority

State House

State House is the official residence of the President of Kenya and it has a rich history. Extra precautions are taken to prevent unauthorized entry while also maintaining public safety and order.

According to the Act Kenya State House, Nairobi, Mombasa, State Lodge, Kisumu, Sagana, Nyeri, Eldoret, and Nakuru.

Parliament buildingd

These buildings serve as the seat of the Kenyan Parliament, housing both the National Assembly and the Senate. Although not protected areas in the same sense as wildlife reserves but its access to Parliament Buildings is controlled for security purposes.

Kenya army headquarters

The Kenya Army is the land arm of the Kenya Defence Forces (KDF).

This area falls under the provisions of the act and access to this headquarters is restricted, and individuals must obtain permission from the prescribed authority such as the Commander of the Kenya Army to enter.

Directorate of Criminal Investigations (DCI)

The Directorate of Criminal Investigation located on Kiambu road as the primary criminal investigative body, the DCI plays a crucial role in maintaining law and order. Mazingira House is restricted access, and permission is usually needed to enter. In order to uphold law and order, carry out criminal investigations, and guarantee public safety, the DCI is essential.

The National Youth Service Camps

The NYS camps such as the Kenya Ethiopia Road camp in Marsabit and Kitui Garissa Road camp in Kitui are bounded by fences and controlled for security purposes.

Wildlife Reserves

Wildlife Reserves they support various range of wildlife and they are protected because of poachers.  These reserves offer incredible opportunities for wildlife viewing and conservation efforts so it has to be protected.