This archive report was first published on 19 August 2019.
On August 19, 2019, a landmark ruling by Justice James Makau directed the government to demarcate demonstration zones to ensure the rights and freedoms of non-demonstrators are neither suspended nor interfered with.
The court also ordered the government to formulate regulations prescribing responsibilities for clean-up costs, maximum numbers of demonstrators, and consents of persons or entities adjacent to demonstration zones.
Justice Makau further directed the government to formulate a Code of Conduct for convenors of demonstrations, requiring them to provide a detailed explanation on how they intend to ensure non-demonstrators are not adversely affected during demos.
The judge declared that during protests, non-demonstrators also enjoy equal rights and freedoms, as their rights and fundamental freedoms are not suspended during such times.
While ruling on a petition filed by Mr. Ngunjiri Wambugu, now Nyeri Town MP, challenging anti-IEBC protests organised by the Coalition for Reforms and Democracy (CORD) in 2016, the judge found that the right to picket is conditional.
“The fundamental right under Article 37 of the Constitution of Kenya to assemble, to demonstrate, to picket and to present Petitions to public Authorities is conditional on the protestors or demonstrators conducting themselves peaceably and unarmed,” stated Justice Makau.
