Manoeuvring Through Legal Ambiguity: Dispersing of Unlawful Protests in Kenya
September 6, 2019
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 One of those contests is in the implementation of the freedom of assembly. Not strange given that Kenya’s history before the passage of the 2010 Constitution was characterised by serious incidents of repression, including criminalisation of public gatherings particularly by those perceived as opponents of the government. The 2010 Constitution marked the liberalisation of rights in Kenya, including those relating to assembly. First was the provision on an expanded freedom of assembly that also expressly provided for the right to demonstrate, picket and present petitions to public authorities. Second was the requirement that the right could not be limited, except under a set out and strenuous constitutional criteria (Constitution of Kenya 2010: Article 24). Regardless, the State has continued to stifle the freedom of assembly, with the police and other State security agencies occasionally disrupting assemblies, sometimes in a violent manner, more so where such assemblies are convened to express dissatisfaction with the political regime in power.

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