Three decades later, Kenyans still pay heavy price for mass protests

Police arrest one of the protestors in Mathare 4A when Azimio staged anti-government protests across the country on May 2, 2023. [Collins Kweyu, Standard] History repeats itself today. On a day like this 33 years ago, the Saba Saba spirit forcefully agitating for multiparty politics was nurtured in tears, sweat and blood. And today, a few leaders who witnessed this birth are back at Kamukunji grounds, Nairobi, the maternity ward where the labour pangs for the birth of Kenya's second liberation took place. On July 7, 1990, a massive rally was organised at Kamukunji grounds, despite the government's attempts to suppress it. Tens of thousands of Kenyans from all walks of life gathered to voice their demands for democratic reforms, freedom of expression, and an end to the one-party state. The brutal dispersal of the meeting and the subsequent riots that spilt over to the CBD and other parts of the country marked a turning point in Kenya's history, showcasing the people's collective will to challenge oppressive regimes and fight for their rights. And so Saba Saba was born in the four-day-long battle between police and civilians. The heavy street fights between the police and the demonstrators left 39 dead, 69 injured, and over 5,000 arrested. In what would seem like a tribute to the maiden demonstration in 1990, Azimio la Umoja One Kenya has launched a new political battle against President William Ruto, centred on the pressing issue of the high cost of living and the controversial Finance Act 2023. The nation braces for the first in a series of anticipated nationwide anti-government protests today, with Kamkunji grounds serving as the pulsating epicentre of this fiery display of dissent. However, recent years have relegated the spirit that once turned the tide of Kenyan politics from a single-party state to a multiparty to something majorly spearheaded by the opposition compared to the heavy-handed involvement of citizens and other groups in the 90s. While the spirit of Saba Saba lingers, its prominence has waned in recent years, with opposition factions taking a more prominent role than the widespread citizen participation seen in the 1990s. Still, the same spirit has precipitated social media, where the younger Kenyans have used platforms like Twitter to vent their frustration on government shortcomings. The intrigues of the first Saba Saba and the enduring spirit of freedom As of yesterday, "SabaSabaMarchForOurLives" topped the trend list for the better part of the day, with views calling on Kenyans to show up for the demonstrations. In anticipation of today's events, Azimio leaders visited the Kamukunji grounds yesterday. In top gear Expressing satisfaction, the leaders, including Embakasi East MP Babu Owino and his Makadara counterpart George Aladwa, declared that preparation for the meeting is in top gear. Aladwa said they plan to lead their supporters to the CBD after the Kamkunji meeting. Urging their followers to turn out in large numbers at Kamukunji, the leaders envision further strategies to challenge and oppose the government. Notably, the opposition's call for Saba Saba has garnered support from various civil groups, strengthening their collective resistance against the Kenya Kwanza administration. Migori brige blocked by Azimio supporters who are protesting the High cost of living on May 2, 2023. [Caleb Kingwara, Standard] Despite the passage of years, certain aspects have remained unchanged, particularly in the government's handling of protests. Despite the constitutional provision for the right to demonstrate under Article 37, security forces have continued to abuse this right. Like 30 years ago, police response to protests has often involved excessive force, resulting in fatalities, injuries and arrests. Constitutional lawyer Bobby Mkangi, in his opinion piece in Debunk Media, says, "In as much as the country realised a new Constitution in 2010, errors of the single party era, which the 2010 Constitution was meant to repair, still abound." "What were supposed to be the constitutionally designed peaceful protests turned out to be a front for the state to violently clamp down on protestors (or pretenders) and for thugs (the pretenders) to infiltrate demonstrations in order (or disorder?) to destroy, maim, steal and rob." Mkangi argues that the law can facilitate peaceful demonstrations, but the political environment "has no intention of having peaceful protests". Despite the constitutional guarantee of the right to peacefully demonstrate, picket, and present petitions to public authorities for all Kenyans, the political discourse surrounding demonstrations has led to a shift in public sentiment. Many Kenyans have a growing perception that demonstrations are closely associated with violence and disruption. Will 1991 Saba Saba strategy gain traction in today's politics? This year's Saba Saba comes amid a proposed Bill to regulate the conduct of demonstrations and picketing actions. The proposed law by Mbeere North MP Geoffrey Ruku wants organisers of protests to be held liable for any damage or loss of lives and property and those that engage in outlawed protests to be liable for one-year imprisonment. Many critics, like activist Boniface Mwangi, have seen Ruku's Bill as a clawback on the right to demonstrate. Primary responsibility Having been part of the constitution-making team, Mkangi argues that the primary responsibility concerning the right to demonstrate lies with the state. "In as much as every right holder has a responsibility, the responsibility cannot be swung so that the right holder is also the duty bearer. The state's job is to facilitate the enjoyment of this right," he says. During the anti-government protests in March and April, police cracked down on demonstrators, leaving at least 3 people dead- including a one-year-old child who suffocated and died from tear gas- and more than a hundred injured, including journalists. Contrary to the government's claim of not being against protests but rather the resulting violence, recent media reports have shed light on a recurring pattern. Many protests commence peacefully, only to escalate in response to police intervention with tear gas.

Three decades later, Kenyans still pay heavy price for mass protests

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