By Perez Karisa, June 26, 2006
Law Society of Kenya (LSK) President Charles Kanjama has called for a fundamental shift in the way police manage public demonstrations, urging security agencies to replace blanket citywide lockdowns with targeted perimeter security that protects both public order and constitutional freedoms.
Speaking during an interview on KTN on Thursday night, Kanjama argued that pre-emptive road closures and restrictions that paralyze central business districts impose unnecessary hardship on millions of Kenyans who are not participating in protests. He said law enforcement agencies should instead adopt operational strategies that safeguard peaceful demonstrations while allowing normal economic activities to continue.
Kanjama maintained that all policing of demonstrations must be firmly anchored in Article 37 of the Constitution, which guarantees every person the right to assemble, demonstrate, picket, and present petitions peacefully and unarmed. He stressed that the right is constitutionally protected and should not be curtailed through administrative directives or excessive security measures.
He proposed that police abandon widespread roadblocks and city lockdowns in favour of securing the outer perimeter of protest routes. According to Kanjama, such an approach would enable demonstrators to exercise their constitutional rights while allowing businesses, commuters, and other members of the public to continue their daily activities with minimal disruption.
The LSK president further urged security agencies to focus on isolating individuals engaging in criminal acts such as looting, vandalism, or violence instead of treating entire demonstrations as unlawful. He said operational efforts should be directed at identifying and apprehending specific offenders while protecting peaceful protesters exercising their constitutional rights.
Kanjama also called for greater accountability in police operations, insisting that any use of force must be lawful, necessary, and proportionate. He opposed the deployment of masked or undercover officers during crowd-control operations, arguing that all officers involved in policing demonstrations should be clearly identifiable to promote transparency and public confidence.
His remarks followed widespread criticism of police conduct during the June 25 anniversary demonstrations commemorating the 2024 anti-government protests. Kanjama said the Law Society had documented more than 361 arrests nationwide, adding that many of those detained were ordinary commuters and members of the public who had been caught up in indiscriminate police operations despite not participating in the demonstrations.
The LSK president also accused police of using criminal charges as a punitive tool by preferring exaggerated or unrelated offences against protesters to secure high bail terms. He argued that such practices undermine the constitutional presumption of innocence and effectively turn the pretrial process into a form of punishment.
Kanjama disclosed that the Law Society of Kenya had deployed advocates to police stations across the country to provide legal assistance to those arrested during the demonstrations. He reiterated the society’s commitment to defending constitutional rights while calling on both law enforcement agencies and demonstrators to uphold the rule of law and ensure that public protests remain peaceful.
He concluded by urging the government to pursue a balanced approach that protects public safety without undermining the constitutional freedoms that form the foundation of Kenya’s democratic system.
