The government is considering a new legal framework to regulate public demonstrations in Kenya, Interior Cabinet Secretary Kipchumba Murkomen has revealed, citing lessons drawn from policing systems in the United States and the United Kingdom.
Speaking at State House during the presentation of the Framework for Reparations for Victims of Human Rights Violations, Murkomen said the proposed reforms are intended to protect the constitutional right to protest while helping authorities identify and deal with individuals who exploit demonstrations to commit crimes.
The announcement comes amid growing debate over the management of public protests following recent demonstrations that have been marred by violence, destruction of property, and confrontations between protesters and security agencies.
Government seeks balance between rights and security
Murkomen emphasized that the right to assemble, demonstrate, and picket remains protected under the Constitution, but argued that clearer guidelines are needed to safeguard both demonstrators and the public.
“The right to assemble, demonstrate, and picket must be implemented fully as enacted in the Constitution. However, it is important we have a clear framework that allows Kenyans to enjoy their right, and we can be able to differentiate goons from those enjoying this right,” he said.
Article 37 of the Constitution guarantees every Kenyan the freedom to assemble, demonstrate, picket, and present petitions peacefully and without weapons.
According to the CS, the government believes existing laws do not adequately address situations where criminal groups infiltrate demonstrations and engage in violence, looting, or attacks on police officers.
Lessons from the United States and United Kingdom
Murkomen disclosed that officials from his ministry recently conducted benchmarking visits to New York and London to study how authorities in those countries manage public demonstrations while maintaining public safety.
He said the visits provided valuable insights into how democratic societies protect civil liberties without tolerating criminal activity during protests.
According to the CS, authorities in the United Kingdom take firm action against demonstrators found carrying weapons or engaging in unlawful conduct.
“If they see any demonstrator carrying any weapon, they take the severest measures against those criminals,” Murkomen stated.
The government is now exploring how similar approaches can be adapted to Kenya’s legal and operational environment while respecting constitutional protections.
Technology to play greater role in policing
Beyond legal reforms, Murkomen said the government is also looking to strengthen the use of technology in law enforcement.
He pointed to the New York Police Department’s use of real-time intelligence, surveillance systems, emergency call data, and integrated command centres to improve decision-making and resource deployment.
The lessons learned are expected to inform the development of the Nairobi Metropolitan Police Unit (NMPU), a planned security initiative aimed at enhancing policing and emergency response within the capital region.
Officials believe technology-driven policing could help security agencies respond more effectively to emerging threats while improving accountability.
Debate expected as reforms take shape
The Interior Ministry has already begun reviewing laws governing demonstrations as part of broader efforts to modernize public order management.
Murkomen said the review seeks to strike a balance between protecting constitutional freedoms and safeguarding lives, businesses, and public infrastructure.
If adopted, the proposed framework could significantly change how demonstrations are organized, monitored, and policed in Kenya.
The planned reforms are expected to spark debate among policymakers, human rights groups, and civil society organizations over how best to preserve civil liberties while ensuring public security in an increasingly complex protest environment.
