The Law Society of Kenya (LSK) has issued comprehensive guidelines to assist Kenyans during arrests and protests, emphasising the importance of knowing one’s rights and staying safe. The advisory comes in the wake of teacher Albert Ojwang’s death in police custody in Homa Bay and increasing public mobilisation ahead of the first anniversary of the Generation Z protests against the Finance Bill.
LSK President Faith Odhiambo urged citizens to be assertive yet non-confrontational when dealing with law enforcement. “Let us be mindful of our rights and safety and that of others as we express and fulfil our rights,” she stated.
Key among the arrest guidelines is the advice to remain calm, avoid resistance, and ask for identification from officers. Citizens have the right to remain silent, be informed of the reason for arrest, and to contact a lawyer. The LSK also advises discreet documentation of arrest details—such as the time, location, and officer names—and strongly warns against signing any documents without legal representation.
“Comply with lawful instructions and report any rights violations to your lawyer or authorities,” the statement reads. Resisting arrest, offering bribes, or making self-incriminating statements can escalate legal troubles.
During protests, LSK advises demonstrators to remain peaceful and lawful. They should stick to designated protest areas, use non-offensive chants and songs, and protest only between 6 a.m. and 6 p.m. Protesters are encouraged to move in groups for safety, document events, and communicate responsibly to avoid incitement or misinformation.
Protesters have also been cautioned against provoking police, forcing others to join, damaging property, carrying weapons, or breaching restricted areas like government buildings. The LSK further warned against spreading hate speech or propaganda.
While the right to demonstrate is enshrined in the Constitution, the LSK reminds citizens it is not absolute. “Exercising this right must be done in a manner that does not endanger others or breach public order,” the society said.
To assist those in need, the LSK has provided a toll-free legal aid number, ensuring access to legal support during arrests or protests.
