The National Police Service (NPS) has declared demonstrations scheduled for Thursday, November 21, 2024, unlawful due to the organizers’ failure to provide the legally required notification. This announcement, made on behalf of the Inspector-General of Police by NPS spokesperson Dr. Resila Onyango, emphasizes adherence to the Public Order Act as a critical component of lawful assembly in Kenya.
Dr. Onyango affirmed the constitutional right of citizens to assemble, demonstrate, and petition public offices, as outlined in Article 37 of the Constitution. However, she underscored that these rights come with legal responsibilities designed to safeguard public safety and maintain order.
“The notification, which must be submitted at least three days but no more than fourteen days before the event, allows the police to plan adequate safety and security measures,” Dr. Onyango said in a statement.
Legal Requirements Under the Public Order Act
The Public Order Act mandates that organizers of public gatherings must inform the local police Regulating Officer within the stipulated timeframe. This advance notice enables authorities to prepare for any potential disruptions while ensuring the safety of participants and the public.
In this case, the organizers failed to provide the necessary notice, rendering the planned demonstrations non-compliant with legal requirements.
“This is not just a procedural formality,” Dr. Onyango explained. “It is a mechanism to ensure that the constitutional freedoms of expression and assembly are exercised responsibly and do not infringe on others’ rights or public safety.”
Police Commitment to Public Safety
The NPS reiterated its commitment to protecting all Kenyans while balancing its law enforcement role with the protection of constitutional freedoms. The agency assured the public of its vigilance in maintaining peace and order across the country.
“Law-abiding citizens are encouraged to go about their daily activities without fear,” Dr. Onyango stated. “The police are fully prepared to respond to any threats to peace and security.”
The NPS also issued a stern reminder that bypassing legal requirements for public gatherings not only breaches the law but also endangers public safety.
Public Reaction
The decision to declare the demonstrations unlawful has drawn mixed reactions from the public and stakeholders. While some citizens have welcomed the police’s firm stance on ensuring law and order, others view the move as a potential infringement on their right to protest.
Organizers of the demonstrations, who remain unnamed in the police statement, have yet to comment publicly on the decision.
Balancing Rights and Responsibilities
This development brings to light the delicate balance between upholding constitutional freedoms and ensuring public safety. While the right to assemble and demonstrate is enshrined in the Constitution, it is not absolute. Legal frameworks such as the Public Order Act aim to create a structured environment in which these rights can be exercised without compromising societal peace.
Observers have noted that procedural compliance is crucial not just for the organizers’ credibility but also for fostering trust between the public and law enforcement agencies.
Key Takeaways for Event Organizers
The NPS’s announcement serves as a reminder of the importance of following due process when planning public gatherings. By submitting the required notification to the police, organizers can ensure that their events are both lawful and safe.
Failure to comply with these regulations can lead to the cancellation of planned events and potential legal consequences.
Conclusion
As Kenya continues to navigate the complexities of democratic governance, the enforcement of laws like the Public Order Act remains essential to maintaining public order while respecting individual rights.
The Thursday demonstrations serve as a timely reminder that rights come with responsibilities and that adherence to legal procedures is indispensable for safeguarding both.
