The government has dismissed calls to treat June 25 as a public holiday, saying the date remains a normal working day.
Organisers of the planned Gen Z protest anniversary commemorations had called for the day to be declared a public holiday in honour of those who lost their lives during the 2024 Finance Bill protests.
However, addressing the media on Monday, Government Spokesperson Isaac Mwaura said citizens should report to their workplaces as the government has put in place measures to protect businesses and maintain order across the country.
“The government clarifies that the 25th of June is not a public holiday, and will remain a working day. Citizens are urged to move forward and work that day constructively to build our economy, leaving unrest behind and uniting in fostering peace and national cohesion,” he said.
He warned those planning nationwide demonstrations, including politicians, saying the government will not allow activities that disrupt businesses or threaten public safety.
“The government unequivocally condemns such actions, and politicians are hereby warned to desist from exploiting demonstrations to inflame passions by making very wild allegations and declarations for political gains,” he said.
While the government recognises the constitutional right of citizens to assemble, demonstrate, picket and present petitions, Mwaura warned that such rights must be exercised peacefully and within the law.
“While protests are an essential aspect of democracy, some recent demonstrations have been marred by violence, damage to life and property to a very great extent. This is criminal, under our criminal law, and it is often due to criminal elements infiltrating peaceful gatherings,” he said.
He observed that violence during demonstrations affects citizens, families and businesses, adding that both citizens and security officers must respect the law.
“Such violence harms citizens, families, and businesses, thereby weakening our democracy. Police brutality is unacceptable. However, attacking police officers is equally intolerable,” Mwaura said.
“Rights come with limitations. Article 24 of the Constitution guarantees every person the right to freedom and security, or the person, including protection from any form of violence from public or private sources.”
He warned that the law allows police officers to act when peaceful gatherings turn violent.
“The Constitution further limits those rights. Rights can be limited by law, and that is why Article 24, read together with Section 82 of the Penal Code, makes it an offence for any person to unlawfully assault, resist, oppose, threaten, or use violence against anyone lawfully charged with a public duty while executing that duty,” he said, adding that police have powers to respond when demonstrations become riots.
“Where two or three people are already assembling peacefully, but they start becoming violent, then the police have the right to declare that a riot and to order those people to leave, failure to which they can take action, and you know he will not be held liable.”
He emphasised that the government was seeking a balance between freedom of assembly, freedom of movement and peaceful coexistence.
He questioned why commemorations should involve activities that could put more people at risk.
“These provisions empower the police to maintain law and order, and the question that we would want to ask all of us here as a nation is, why commemorate lives lost by endangering others, destroying property, and seeking political gain? Why use solemn occasions to incite unrest and division while upholding the right to peaceful protest?” he posed.
He urged citizens to distinguish between peaceful protesters and individuals involved in criminal activities.
The spokesperson revealed that previous protests had cost the country approximately Sh6 billion. He warned that calls for more protests could worsen economic challenges.
“All citizens must uphold peace, respect the rule of law, and prioritise the safety and security of all Kenyans in this regard,” he said.
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