BY: Sam Terriz
The right to protest is one of the fundamental provisions of the Kenyan constitution. Allowing citizens to freely express their dissatisfaction on any matter of concern underpins a vibrant and mature democracy such as ours.
Over the recent past, Kenya has witnessed a series of protests which have been mainly staged in cities and major towns across the country. In 2023 there were protests on rising cost of living. Last year, demonstrations erupted over the Finance Bill 2024.
The common thread running through both protests is that although they were billed as peaceful demonstrations, they degenerated, either by default or design, into violence, anarchy and mayhem leading to fatalities, injuries and destruction of property.
The protests against the Finance Bill 2024 particularly commanded media headlines and gripped the nation owing to the number of fatalities and the magnitude of the damage it inflicted on businesses, government establishments and properties.
In the aftermath of the chaos, Nairobi looked like it had been ripped apart by a horrific storm with many businesses lying in desolate ruins.
Questions still linger on the minds of peace-loving Kenyans on what really were the intentions of those who organised the demos? Initially, the protesters said they were up in arms against the Finance Bill which they claimed was too punitive for increasing taxes and introducing a multiplicity of other levies. But the list of demands kept growing as the protesters shifted the goalposts of their intentions.
Deviating from their original discontent about taxes, the protesters cast their net of demands wider, calling for enhanced fight against corruption as well as more prudence, accountability and transparency in the use of public resources. They also clamoured for increased effort to create jobs, better management of the economy, improved provision of services and more responsive governance.
All these are valid concerns and the demonstrators were squarely within their democratic space to express their displeasure and press for reforms. President William Ruto listened keenly to them, and in an unprecedented move engaged them on social media platform X where he fielded questions in his desire to get to the bottom of the Gen Z grievances.
As a response, the president took drastic actions, including dissolution of the Cabinet.
While acknowledging that protests are at the heart of a progressive democracy, there has been a disturbing pattern of tragedy, violence and lawlessness emerging from these incessant demonstrations. The so-called Gen Z protests were particularly alarming in the scale of destruction caused.
The bizarre twist was when a group of youths attempted to raze down the Supreme Court. Others raided Parliament after pulling down the perimeter wall. Many business premises were vandalised in an apparently well-orchestrated chaos and thuggery. And some people, mainly rights activists, still insist these were peaceful and leaderless protests.
The most unsettling of these acts of violence was the infantile and misguided notion of wanting to walk to the State House, which is the emblem of our sovereignty, harmony and nationhood. The institution of the presidency is the glue that holds our nation together. When supposedly peaceful demos take this ugly turn, playing with the fire of complete breakdown of law and order, there is every reason for patriots who place a high premium on peace and harmony to be apprehensive.
As we speak, many business owners are yet to recover from the mayhem visited upon them in June 2024 protests. Yet last week more misery were visited upon businesses in Nairobi following the demos staged to demand justice for blogger and teacher Albert Ojwang who died in unclear circumstances. Kenyans were of course right to collectively condemn this beastly act against Ojwang. Justice must not only be done but be seen to be done for him and the family.
While Kenyans were unequivocally justified in taking to the streets in fury, demanding that those culpable in Ojwang’s be hastily brought to book, these demos for such a noble and human cause were stained by the perturbing level of violence that accompanied them. The spectre of anarchy reared its macabre face again. Shops were once more wantonly looted, innocent Kenyans robbed, and properties destroyed in a massive scale.
Evidently, some are participating in the protests to foment unrest with the express intention of perpetrating crimes amid the confusion. Every time demonstrations occur in cities and towns, businesses are extensively pillaged. In the wake of such destructive upheaval where fatalities are sadly reported, fingers are rightly pointed at a few trigger-happy police officers. However, rarely do we hear condemnation against the immense havoc caused by looters and robbers who ransack and gut business premises.
These protests are invariably turning into a worrying contradiction. Rights activists and the media are particularly united in their conspicuous silence regarding justice for the victims of this enormously damaging plunder. Why this clear manifestation of double-standards? Do the business owners and mugged Kenyans have no rights? How can we fight for justice while breaking the law in this flagrant manner?
The principles of fairness and equality demand that as we robustly pursue justice for those killed or maimed, we must demand with equal zeal protection of the rights of business owners some of who have sunk into despondency after losing their lifetime investments to thugs who hide behind the veil of protests.
Without loudly condemning the perpetrators of robbery and violence, rights activists and the Gen Z appear to propagate selective application of the law while appearing to be complicit in these dastardly acts.
It is also unlawful for demonstrators to infringe on the rights of those not interested in joining the demos. Many Kenyans would want to go about their daily activities and businesses undisturbed. Others have more pressing issues to attend to during the day of such protests.
These people are protected by the constitution to do what they deem right for them without being harassed, terrorised and coerced to participate in the demos.
The hooliganism and diabolic conduct of some protesters undermine the original intent of the demonstrations. Methinks when these demos descend into such bedlam, leading to destruction of property and mugging of innocent Kenyans, they lose the constitutional validity.
When demos take such violent turn, the organisers ought to call their troops to order. And if they are incapable of doing so, police should come in to professionally quell the riotous crowd.
