By John Kariuki

The Law Society of Kenya (LSK) has welcomed a landmark ruling by Hon. Bahati Mwamuye, which declared the National Police Service’s (NPS) attempt to arbitrarily restrict the right to protest as unconstitutional. The ruling, delivered in response to a controversial press statement issued by the NPS on July 17, 2024, reaffirms the constitutional protections of freedom of assembly and expression.

In a decisive ruling, the court found that the NPS does not have the authority to redefine constitutional rights at its discretion. The judgment dismantles the police narrative that public demonstrations require an identifiable leader, highlighting the potential risks such an imposition would pose. By attempting to impose this requirement, the police not only threatened the liberties of those designated as ‘leaders’ but also discouraged Kenyans from exercising their democratic rights.

Furthermore, the court rejected the notion that constitutional rights could be postponed indefinitely at the police’s discretion. This ruling is a crucial safeguard against the erosion of civil liberties and reinforces the principles of justice and accountability.

The decision sets a significant precedent in Kenya’s human rights landscape, particularly in light of increasing police impunity and disregard for fundamental freedoms. The Law Society of Kenya views this as a step forward in ensuring that public institutions, officeholders, and law enforcement agencies remain accountable to the Constitution and the people they serve.

This judgment serves as a powerful reminder that no entity is above the law, and the fundamental rights of Kenyans cannot be curtailed by arbitrary directives. The Law Society of Kenya remains committed to defending the Constitution and upholding the rule of law in the face of any attempts to undermine democratic freedoms