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In a formal declaration today, the Government of the Republic of Kenya reaffirmed its dedication to safeguarding the fundamental rights of all individuals within its borders. The solemn pledge guarantees the right of every person to assemble, demonstrate, picket, and present petitions peacefully and without arms, in accordance with Article 24(1)(d) of the Constitution of Kenya.
This constitutional right, like all others, is subject to limitations necessary to protect the rights and freedoms of others. Therefore, individuals exercising their rights under Article 37 must adhere to a set of principles outlined by the government:
1. Remain peaceful and unarmed at all times during assemblies, demonstrations, pickets, or petitions.
2. Refrain from engaging in violence or riots.
3. Preserve public peace and avoid any actions that may disrupt it.
4. Respect the rights of non-protesters, refraining from intimidation or harassment.
5. Notify the Police of intended routes and schedules in advance.
6. Conclude activities by sunset or 6:30 PM, whichever is earlier.
7. Avoid provoking, attacking, or obstructing law enforcement officers or the general public.
8. Cooperate with law enforcement guidelines and escort to ensure orderly conduct.
9. Do not obstruct traffic flow.
10. Refrain from blocking or vandalizing private or public property.
11. Adhere to all laws of Kenya, including the Protected Areas Act (Cap 204) and the Public Order Act (Cap 57).
12. Do not interfere with public or private activities, nor with transportation via road, rail, sea, or air.
The government emphasized that regardless of the issues at hand or grievances held, the rule of law and maintenance of public order must prevail at all times. This applies equally to non-protesters and those with opposing viewpoints, who are also bound by constitutional and legal imperatives.
Furthermore, the National security organs of the Republic of Kenya have been instructed to remain impartial, apolitical, and resolute in upholding the law, unequivocally rejecting any form of lawlessness.
