The obligation to respect the right to assembly in Kenya

Abstract

In a 2023 report, the Kenyan National Human Rights Commission (KNHRC) referred to an outright assault on Article 37 of the Constitution on the right to assemble, demonstrate and picket. Also, in 2024, State authorities in Kenya unleashed disproportionate force against protesters and even deployed the military. KNHRC reported that in one month of protests, about 50 people died, with another 59 abductions and more than 680 arbitrary arrests. Largely, these actions are against international, regional, and domestic obligations on the right to assembly. The State authorities interfered with the demonstrations, including blocking access to roads and using water cannons, teargas, live bullets, and batons, among other tactics, to ensure that the protests did not occur. This research examines why the Kenyan state authorities have long maintained a repulsive attitude and assess the country's progress in implementing international law obligations on the right to freedom of assembly. It also evaluates compliance during various reporting periods under the ICCPR and the African Charter.