Notice, not permission! Oburu pushes for overhaul of protest laws

ODM leader Oburu Oginga has called for a review of laws governing demonstrations and picketing, arguing that Kenyans should not be required to seek police permission before exercising their constitutional right to protest.

Speaking at State House, Nairobi, on Monday during the launch of the Report on the Framework for Reparations for Victims of Human Rights Violations, Oburu said the current framework should be revised to make it clear that demonstrators only need to notify authorities of their intentions rather than apply for permits.

He said police should play a facilitative role by providing security to demonstrators instead of determining whether they can exercise a right guaranteed by the constitution.

"Just notice, not apply for a permit. You give them notice and they provide you with security, and you state exactly where you want to demonstrate, from what time to what time, so that security can be provided for you," he said.

"I thought there was something like that, but if it's not there, then let us expeditiously establish one so that we have a law which guides demonstrations so that Kenyans can demonstrate peacefully without being disturbed."

Oburu's remarks came just days after the High Court in Kisumu issued far-reaching directives aimed at reforming the policing of demonstrations.

In a judgement arising from police conduct during the 2023 Azimio protests, the court ordered the Inspector General of Police, the National Police Service and the Attorney General to develop and publish regulations governing public order management and the use of force during demonstrations within 90 days.

The court found that police officers used excessive force during the protests, resulting in deaths and serious injuries, and awarded victims and their families more than Sh38.6 million in compensation.

In the judgement, the court stressed the need for clear operational rules to safeguard constitutional rights while maintaining public order.

The ruling mirrors Oburu's call for a more structured legal framework to guide demonstrations, with both the court and the ODM leader emphasising the protection of the constitutional right to peaceful assembly and the need to prevent excessive use of force by law enforcement officers.

Oburu said Kenyans, as taxpayers who finance the National Police Service, deserve protection whenever they exercise their constitutional freedoms.

He condemned instances where demonstrations have ended in injuries and deaths following confrontations between protesters and law enforcement officers.

"Kenyans are the ones who pay the police; let Kenyans pay the police who protect them, not the police who kill them," he said.

"If you use a bullet, that bullet is bought by the mwananchi you are killing, so we should not allow that situation where our own bullets are used to kill our people."

Article 37 of the constitution guarantees every person the right to assemble, demonstrate, picket and present petitions to public authorities.

The constitution, however, requires that such activities be conducted peacefully and without weapons.

Oburu underscored the importance of adhering to that requirement, warning that the presence of armed individuals often undermines legitimate demonstrations and provides justification for violence.

"Let Kenyans know that when you go to demonstrate peacefully, you don't carry a machete, a stone, and you don't carry any weapon at all. If you see anyone carrying a knife or a stone, you know that that is a goon," he said.

The veteran politician also expressed concern over what he described as the growing normalisation of political violence through the use of hired gangs.

According to him, political actors across the divide have increasingly resorted to recruiting groups to disrupt meetings, demonstrations and other public events.

"And those goons are not few; almost every politician is nowadays recruiting a goon to go and disrupt functions. I think that nature of goonism, where you have goons for hire by everybody, we must make sure that that culture is stopped completely," he said.

The remarks were made before an audience that included President William Ruto; Chief Justice Martha Koome; members of the judiciary; human rights defenders; political leaders; and representatives of various state and non-state institutions.

The report unveiled at State House seeks to provide a framework for addressing historical and contemporary human rights violations through reparations and other restorative measures, amid renewed national debate over accountability, police conduct and the protection of fundamental freedoms.

In a statement, Oburu described the reparations programme as a cause that had been championed for years by his late brother, former Prime Minister Raila Odinga.

He pledged to work with the government to ensure victims of human rights violations receive compensation, saying the payments would represent an important step towards justice for families that have endured loss and suffering.

“To the families who lost their loved ones, please consider this a token of remorse; though the loss of human life can never be fully quantified through financial compensation, it is a necessary step toward justice,” he said.

Oburu welcomed the decision to have the compensation process administered by the Kenya National Commission on Human Rights in conjunction with the committee led by Prof Makau Mutua, expressing confidence that the exercise would be carried out fairly and transparently.

The ODM leader also renewed his call for political tolerance ahead of the next election cycle, urging leaders to reject the use of hired gangs and vulnerable youths to settle political scores.

“As politicians we must prioritise peace, issue-based politics and national unity over divisive rhetoric and political thuggery,” he said.