Balancing Rights and Order: Law Enforcement’s Role in Kenyan Protests

In recent months, Kenya has witnessed an upsurge in public protests as citizens exercise their constitutional right to assemble and express their grievances. The slogan “Anguka Nayo” has become a rallying cry against what is seen as oppressive government rule. Amid these turbulent times, the ethical and statutory duty of upholding human dignity has emerged as a critical concern. This article explores the shared responsibilities of all stakeholders and the pivotal role of law enforcement in ensuring that principles of justice and human rights are upheld.

The Constitutional Duty to Uphold Human Dignity

Article 28 of the Constitution of Kenya states that every person has inherent dignity and the right to have that dignity respected and protected. This principle transcends legal systems and cultural boundaries, emphasizing the inherent worth of every individual. During protests, upholding human dignity becomes even more critical as tensions rise and the potential for rights violations increases.

Shared Responsibilities

Citizens: Protesters have the right to express their grievances and demand accountability peacefully. Civic engagement should foster constructive dialogue and promote social justice without resorting to violence. In Kenya, peaceful protestor-advocates encourage citizens to carry the Kenyan flag, their phones, portable water, comfortable shoes, and whistles. There have been calls for facilitators to donate drone video cameras to independently document events, given numerous reports of police brutality. Protestors are advised to inform loved ones of their whereabouts, protest in familiar groups, and respect directives from uniformed officers. However, there have been allegations by protestors that masked and ununiformed individuals, believed to be police, have been carrying out abductions, torture, and even murders of protestors.

Government and Lawmakers: Authorities must listen to citizens’ concerns and create avenues for meaningful engagement. Policies and practices should respect human dignity, protect the right to peaceful assembly, and promote accountability and transparency. Further, legislative frameworks must ensure that laws governing picketing, assemblies, and demonstrations are free from conflicts of interest.

The Role of Law Enforcement

Law enforcement agencies play a crucial role in maintaining order during protests. Their actions significantly impact perceptions of human rights and dignity. Police officers and other security personnel are entrusted with the responsibility of protecting citizens while ensuring their conduct adheres to ethical standards.

Key Responsibilities of Law Enforcement:

1. Non-violence: Use of force should be a last resort and, when necessary, proportionate and aimed at de-escalating situations.
2. Accountability: Officers must be held accountable for their actions. Mechanisms for reporting and addressing misconduct should be robust and accessible.
3. Training: Continuous training on human rights, crowd control, and conflict resolution is essential. Officers should handle protests in a manner that respects human dignity.
4. Community Engagement: Building trust with communities can prevent violence and promote cooperation. Law enforcement should engage with protest leaders and community representatives to facilitate peaceful demonstrations.

Global Context: Similar Protests and Responses

Protests are not unique to Kenya. Globally, over 700 anti-government protests have erupted, with 147 countries experiencing significant unrest since 2017 . The following are notable examples:

• Bangladesh: A Gen Z revolution against a 76-year-old leader who dominated for four decades, leading to the resignation of Prime Minister Sheikh Hasina after weeks of deadly unrest.
• Nigeria: ‘End Bad Governance’ protests against skyrocketing costs of living resulted in dusk-to-dawn curfews in six states.
• Cuba: In March 2024, hundreds protested in Santiago for access to food and affordable power amid a worsening economic crisis.

Conclusion

As Kenya navigates through this period of civil unrest, the ethical duty to uphold human dignity remains paramount. All stakeholders, from citizens to law enforcement and government officials, share the responsibility of ensuring that protests are conducted peacefully and that rights are respected. By fostering a culture of accountability, transparency, and respect for human rights, Kenya can uphold the principles of justice and dignity during these challenging times.

Article by Anne Munyua
Founder and Executive Director,
CELSIR Africa