The National Council on the Administration of Justice (NCAJ) has urged the Kenyan government to expedite measures to assist individuals affected by the recent wave of anti-government protests, which have been marked by deaths, injuries, and significant property damage.
In a statement issued after a high-level meeting to assess the justice sector’s response to the demonstrations, NCAJ expressed deep concern over the ongoing civil unrest. The Council extended condolences to families who lost loved ones and sent well wishes to those injured during the protests.
“We meet at a moment of national concern following demonstrations that have resulted in the loss of life, violations of rights, and destruction of property,” the Council said.
Reaffirming the Constitution’s protection of the right to peaceful assembly and protest, the Council emphasized that these freedoms must be upheld, even during times of public dissent. The NCAJ acknowledged the growing discontent among Kenya’s youth, describing the demonstrations as a reflection of deeper frustrations surrounding governance, service delivery, employment, and inclusion.
“These voices must be heard, understood and addressed through constructive and lawful means,” the Council noted.
The Council warned that the continuation of unrest poses a serious threat to the progress Kenya has made in governance and justice, and called on the National Police Service to enhance protection of businesses and investments during such periods.
NCAJ also called on justice institutions to remain steadfast in their constitutional duties, especially in safeguarding the rights of the most vulnerable without bias or intimidation. Additionally, it cautioned against inflammatory political rhetoric, which it said could inflame ethnic tensions and weaken the rule of law.
“Kenya’s history reminds us of the grave consequences of political radicalisation,” the Council said.
Recognising a legal grey area in balancing the right to protest with public order management, NCAJ directed the Kenya Law Reform Commission to consider reforms that address the concerns of both protesters and police.
In conclusion, the Council called for national dialogue, mutual respect, and restraint. “We urge all Kenyans to reject violence and work together for a more just and peaceful society,” it stated.
