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Legal requirements for organizing public gatherings and protests in Kenya?
Legal requirements for organizing public gatherings and protests in Kenya?
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Comments:
Winfred
said:
Article 37 of the constitution of Kenya 2010 provides for the freedom of citizens to assemble, demonstrate, picket and present petitions to public authorities peacefully and unarmed. The right can only be limited by law to the extent that the limitation is reasonable and justifiable for democracy. Here are some of the requirements necessary for individuals to exercise their right to protest.
i) Notifying the regulating officer or the police
This is the first step when holding a meeting for protest where the organisers of the protest should notify the regulating officer or police three days in advance. The notice should be in a written form and shall indicate, the full names of the organizer and their physical address, the date of the meeting and the time which should be between 6 am in the morning and 6 pm. The site or venue should also be indicated as well as the route to be used in case there will be public procession.
ii) The organisers of the protest must always be there in the protests to assist the police in the maintenance of law and order.
iii) Every person is mandated to assemble, demonstrate and protest peacefully and unarmed. Any other person other than authorized public officer is prohibited from carrying any offensive weapon that is believed to stimulate aggression in the protests.
iv) The policing of the protests must be consistent with the bill of rights.
v) It is a legal requirement for the police to disperse a public gathering if there is a failure to notify or there is a clear or imminent danger of a breach of peace or public order.
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