Law protects peaceful demonstrators from harassment by police officers

A group of youth mock the police at Kisumu Central Police Station as they lit bone fires at Jaramogi Oginga Odinga Sports ground during the anti-tax protests on June 20, 2024. [Michael Mute, Standard]

This week, despite the National Police Service's full force, Kenyans persisted with their efforts to occupy the streets of Nairobi and expressed displeasure with the 2024-25 Finance Bill proposals. Over 300 Kenyans were arrested in and around the Central Business District. Others were stopped, searched, and sprayed with water cannons, and protest materials such as pamphlets and posters were confiscated.

This incident exemplifies the police's continued efforts to curtail fundamental freedoms at the behest of the ruling regime, a trend that has persisted since independence. By law, the police are supposed to remain independent and neutral regarding the content of citizens' expressions and protests, intervening only when the expression violates laws such as incitement to violence, hate speech, or discrimination based on race, tribe, or other protected characteristics. Content neutrality and the right to protest are vital concepts that intersect within the broader context of freedom of expression and assembly, both in Kenya and globally.