As the clock ticks towards the second anniversary of the June 24, 2024, protest victims, the Law Society of Kenya (LSK) and the Police Reforms Working Group have issued police with a seven‑point human rights guideline to direct their conduct tomorrow.
The Working Group is an alliance of national and grassroots organisations committed to professional, accountable, and rights‑compliant policing.
They include: Independent Medico‑Legal Unit (IMLU), Kariobangi Paralegal Network, Katiba Institute, Defenders Coalition, Social Justice Centres Working Group (SJCW), ICJ Kenya, International Justice Mission (IJM‑K), HAKI Africa, Amnesty International Kenya, Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), FIDA‑Kenya, International Centre for Transitional Justice (ICTJ‑Kenya), Transparency International Kenya, Shield for Justice, Wangu Kanja Foundation, CRECO, Kenyans for Peace, Truth and Justice (KPTJ), Inuka ni Sisi, Haki Yetu Trust, and Peace Brigades International Kenya (PBI Kenya).
The guidelines are meant to ensure police act lawfully and avert repeated killings during the day.
"Public order and human rights are not mutually exclusive. As Kenyans gather to remember those who lost their lives and demand accountability, we call on all parties to uphold fundamental freedoms and ensure there is no excessive use of force, violence and further loss of life," they said in a joint statement.
The guidelines call on the NPS to facilitate peaceful memorial processions and guarantee the safety of participants and bystanders. Officials stressed that individuals engaging in acts of remembrance must not be dispersed, harassed, or arrested for exercising constitutional rights.
Secondly, they urged police commanders to exercise lawful command responsibility, noting they will be held accountable for violations committed by officers under their leadership. They insisted that all officers deployed must be clearly identifiable, in line with constitutional requirements.
Thirdly, the group said any use of force must be lawful, necessary, proportionate, and a measure of last resort.
"The NPS must prioritise dialogue and de‑escalation. The use of live ammunition, rubber bullets, tear gas, or water cannons against peaceful participants is strictly prohibited," they said.
They further called for the protection of journalists and media workers, saying they must be allowed to report freely without interference, internet restrictions, or obstruction of live coverage. The call extends to medical personnel, first responders, and human rights observers, who must be granted safe access and protected at all times.
On arrests, the group said they must be lawful, targeted, and based on individual responsibility.
"Collective punishment of peaceful participants is unlawful. Arrested persons must be informed of the reasons for arrest, granted access to legal counsel, and be presented before court within 24 hours," they said, adding that any deaths or serious injuries must be reported immediately to IPOA.
The group noted that nationwide memorial processions are largely organised by Gen Z activists and citizens to commemorate those killed during the June 2024 protests.
"These memorial processions, widely framed in public discourse as peaceful acts of remembrance, solidarity, and continued calls for accountability, fall squarely within the constitutional right of every person to assemble, demonstrate, picket, and present petitions peacefully and unarmed under Article 37 of the Constitution of Kenya."
"The National Police Service (NPS) is reminded that its primary role is to facilitate and protect the exercise of this right. Protest notifications are intended to enable coordination for public safety, not to seek permission," they said.
Already, several human rights organisations have dispatched monitors to check on public commitments by the President, the Interior CS, and the NPS to facilitate peaceful protest nationwide in accordance with Article 37.
"Past responses have seen excessive use of force, unlawful arrests, attacks on journalists, and obstruction of medical assistance. These violations have resulted in the loss of over 138 lives, 1,227 injuries, and lasting trauma over the last six years. Individual officers and their commanders are currently facing personal criminal charges for violations of human rights and Kenyan law."
"Recent court decisions and standing directives continue to affirm that the use of force must be strictly regulated. The use of live ammunition, masks or non‑uniformed officers against peaceful civilians remains unlawful and unconstitutional, and protest situations must never be treated as battlefields in a constitutional democracy," they said.
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