Respect the Constitution
Press Release
Hoseas 5: 10
Judah’s leaders are like those who move boundary stones. I will pour out my wrath on them like a flood of water.
Preamble
The Constitution of Kenya 2010 in Article 37 provides that “Every person has the right, peaceably and unarmed, to assembly, to demonstrate, to picket, and to present petitions to public authorities”. To protect the enjoyment of this right as well as other rights and freedoms, the Constitution while allowing for specific limitations, nonetheless put a clear measure in Article 24(2)(c)
Despite clause (1), a provision in legislation limiting a right or fundamental freedom – shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.
Further to these, the Constitution in Article 244 (c) and (d) provides that the National Police Service shall:
(c) comply with constitutional standards of human rights and fundamental freedoms
(d) train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity
Worrying Trend of Denial of Constitutional Rights
The National Council of Churches of Kenya is deeply perturbed by the growing trend where the state is blatantly, violently and illegally denying Kenyans the right to enjoy the right to picket. We have especially noted:
One, the violent breakup of peaceful protests despite the police being notified as per the law.
Two, the killing of peaceful protestors by police with no subsequent inquests or prosecution of the culpable officers.
Three, a documented diabolical partnership and coordination between Police officers and armed goons who attack, beat, rob and even rape peaceful protestors.
Four, the inglorious burning and destruction of public services places and properties coupled with inexplicable looting of businesses yet no action is taken against the perpetrators, which could imply collusion between them and the Police.
Five, documented instance in which a Cabinet Secretary ordered police to shoot dead young people who approach police stations, contrary to Article 245 (4) (b) of the Constitution of Kenya, and,
Six, a Member of the National Assembly has proposed an amendment to the Public Order Act to ban picketing within 100 meters of Parliament, State House, Court Buildings and other “protected areas”, despite these being the very public offices where citizens need to picket to present their views and concerns.
Protect Constitutional Rights on Saba Saba
It is against this dark background that we call to mind that some Kenyans have expressed intention to use Monday July 7, 2025 to mark 35 years since the first rally to call for multi-party democracy in Kenya.
We demand that in line with the Constitution and the National Police Service Act, the security agencies should provide adequate security to all peaceful and unarmed demonstrators on Monday, ensuring that every Kenyan enjoys their rights and freedoms.
Secondly, the Police must not facilitate or partner with the armed goons who have been terrorizing Kenyans and should instead arrest them together with their financiers.
Thirdly, we demand that the Public Order (Amendment) Bill be withdrawn immediately.
Fourthly, we advice the Cabinet Secretary of Interior to recant the shoot to kill order, and be prepared to carry responsibility for all extra-judicial killings done by the police.
On our part as the church, we have encouraged all clergy to dedicate the Sunday Worship services today to discourse on and pray for justice, democracy and better governance of our nation. Further, all those who are able to are encouraged to join in the commemoration of the birth of the clamour for constitutionalism and rule of law in our nation.
Conclusion
We remind all Kenyans that each of us will have to give an account for the actions we take now, whether good or bad, as we read in Revelation 20: 12
And I saw the dead, great and small, standing before the throne, and books were opened. Another book was opened, which is the book of life. The dead were judged according to what they had done ad recorded in the books.
As Deuteronomy 16: 20 guides, Follow justice and justice alone, so that you may live and possess the land the Lord your God is giving you, let us all play our part in making Kenya a better nation.
Signed on this 6th day of July 2025 at Jumuia Place, Nairobi.
Rev Dr Elias Otieno Agola
CHAIRMAN
Rev Canon Chris Kinyanjui
GENERAL SECRETARY
