Kenya’s Interior Cabinet Secretary, Kipchumba Murkomen, has defended the constitutional right of citizens to protest, while insisting that acts of violence and destruction should not be mistaken for legitimate demonstrations.
Speaking at State House in Nairobi during the launch of the Framework for Reparations for Victims of Human Rights Violations, Murkomen said the country must find a balance between safeguarding civil liberties and maintaining public order.
“The right to assemble, demonstrate, picket and petition as provided in Article 37 of the Constitution must be implemented,” Murkomen said.
He argued, however, that authorities must clearly distinguish between peaceful protesters exercising their constitutional rights and individuals who exploit demonstrations to commit crimes.
“Even as we implement that right, it is important that we have a clear framework that enables Kenyans to enjoy their right and that we can separate violent criminals from those who are enjoying this right,” he said.
His remarks come as Kenya continues to grapple with difficult questions about public protests, police conduct and accountability following several demonstrations that have drawn national attention in recent years.
Murkomen said the debate risks becoming muddled when violent acts are grouped together with peaceful civic action. He pointed to incidents involving looting, arson and attacks on public and private property, arguing that such actions fall outside the protection offered by the Constitution.
“We must differentiate between thugs, violent people, arsonists, people burning courts, burning businesses and terrorising citizens, and peaceful Kenyans who are undertaking demonstrations,” he said. “We must call them for who they are and separate them from peaceful Kenyans.”
The Cabinet Secretary stressed that constitutional freedoms come with obligations. Citizens exercising their rights, he said, also have a duty to respect the rights and safety of others.
“There can be no enjoyment of a right without responsibility,” Murkomen said. “Those who come to enjoy their rights must appreciate that they have a responsibility to protect the rights of others.”
Drawing comparisons with other democracies, he cited visits to New York and London, where authorities have developed systems designed to facilitate demonstrations while responding firmly to criminal conduct. According to Murkomen, law enforcement agencies in those cities distinguish sharply between peaceful protest and unlawful behaviour.
He argued that this separation has helped those countries protect both public freedoms and public safety.
Murkomen also took issue with what he described as the language sometimes used in media coverage of demonstrations. He suggested that describing individuals engaged in criminal activity as protesters can blur important distinctions and create confusion about the nature of events on the ground.
In addition, he voiced concern over the handling of suspects accused of violent offences during protests. He said police officers often become frustrated when individuals arrested over attacks on public institutions are released shortly after appearing in court.
His comments underscored a broader debate that continues to shape Kenya’s political and legal landscape: how to protect the right to dissent while ensuring that demonstrations do not descend into violence.
As discussions over protest rights and accountability continue, Murkomen called for cooperation across government institutions, saying that protecting constitutional freedoms and maintaining public order should not be viewed as competing goals but as responsibilities that must be pursued together.
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