National Assembly Speaker Moses Wetang’ula has called for urgent legal reforms to address what he described as the rampant abuse of the constitutional right to protest in Kenya. Speaking during a Women’s Economic Empowerment Programme in Kabuchoi on Friday, Wetang’ula urged lawmakers to review laws governing public demonstrations to prevent further violence, destruction, and loss of life.
While acknowledging Article 37 of the Constitution, which guarantees the right to assemble, demonstrate, picket, and petition public authorities, the Speaker emphasized that these rights are meant to be exercised “peaceably and unarmed”, not as cover for riots, looting, and lawlessness.
“The Constitution guarantees the right to protest, but it does not license violence,” said Wetang’ula. “Looting, arson, rape, and killings are criminal acts, not expressions of civil liberties.”
He called on Majority Leader Kimani Ichung’wah and fellow MPs to spearhead a legislative overhaul to close gaps that allow violence to thrive under the guise of peaceful protest. Wetang’ula pointed to the United Kingdom’s protest laws, where organizers can be held personally liable for any damages arising from demonstrations, as a model Kenya should consider.
Taking aim at the recently impeached Deputy President Rigathi Gachagua, Wetang’ula accused him of inciting unrest before fleeing to the United States. “He is exporting Kenya’s political toxicity to America, speaking to people who don’t even know Kenyan tribes,” he said. “He represents no one and disrespects everyone.”
The Speaker urged Kenyans to reject divisive politics and uphold national unity, saying, “Freedom must come with responsibility. Let’s defend our country’s reputation.”
Majority Leader Ichung’wah echoed Wetang’ula’s sentiments, vowing that all those involved in the recent violent Saba Saba protests, regardless of their political stature, would face justice. “Even I would not be spared if I had a hand in it,” he declared, taking a swipe at Naivasha MP Jane Kihara, who was arrested for alleged involvement in the demonstrations.
Through her legal team, led by Senior Counsel Kalonzo Musyoka and Advocate Ndegwa Njiru, Kihara dismissed the charges as politically motivated. However, Ichung’wah stood firm: “If you incited violence, carry your own cross. Stop crying and call your political sponsors.”
The leaders urged residents, particularly in the Rift Valley, to avoid ethnic divisions and learn from the devastating consequences of the 2007/08 post-election violence.
Also present at the event were Senate Majority Whip Silvanus Osoro, Bungoma Senator David Wakoli, and MPs Nabii Nabwera (Lugari), Dick Maungu (Luanda), John Waluke (Sirisia), and Kakai Bisai (Kiminini), among others.
Written By Rodney Mbua
