Police yet to clearly understand their roles during public demonstrations

An anti-riot police officer on patrol along Kenyatta Avenue during Azimio la Umoja's March 20, 2023, demonstrations. [Maxwell Agwanda, Standard]

In the case of Mohammed Aktar Kana versus The Attorney General, Justice Warsame opined, "This application is a clear indication that the security arms of this country have not tried to understand and appreciate the provision of this new Bill of Rights. It also shows yester-years impunity is still thriving in our executive arm of the government.'

To date, the execution of police duties during public demonstrations, strikes, pickets, assemblies and processions confirms Justice Warsame's position. Despite the constitutional guarantee of the right to peaceful demonstrations, picketing and petition under Article 37 of the Constitution, the guarantee has been turned into a conditional administrative privilege granted by the State.