National Assembly Speaker Moses Wetang’ula has issued a stern call for immediate legislative reforms to address what he describes as the gross abuse of constitutional rights to demonstrate, which has repeatedly resulted in violence, destruction of property, and loss of life across the country.
Speaking during a Women’s Economic Empowerment Programme in Kabuchoi on Saturday, Wetang’ula expressed deep concern over the recent wave of violent protests that have rocked the nation, describing them as a dangerous distortion of the constitutional freedoms enshrined in Kenya’s 2010 Constitution. The Speaker emphasized that while the Constitution guarantees citizens the right to assemble and protest peacefully, it does not provide license for criminal activities that have increasingly characterized public demonstrations.
“Let’s be clear. The Constitution guarantees the right to assemble and protest, but it does not give anyone the license to riot, loot, burn property, rape, maim or kill. That is lawlessness, and no society should tolerate it,” Wetang’ula declared to the gathering, which included several prominent Kenya Kwanza leaders.
The Speaker proposed adopting a legal framework similar to that used in the United Kingdom, where protest organizers can be held personally accountable for violence and property damage that occurs during demonstrations they organize. This model, he argued, would create necessary accountability while preserving legitimate constitutional rights to peaceful assembly.
Wetang’ula specifically criticized political leaders who incite violence while ensuring their own families remain safe abroad, calling for such leaders to face personal responsibility for the consequences of their actions. He tasked Majority Leader Kimani Ichung’wah and other Members of Parliament to spearhead the legislative reforms needed to close existing legal loopholes that have allowed violence to flourish under the guise of peaceful protest.
The Speaker’s remarks come against the backdrop of mounting political tensions following the violent Saba Saba demonstrations that left a trail of destruction across several parts of the country. The Speaker also took aim at former Deputy President Rigathi Gachagua, whom he accused of exporting Kenya’s political divisions to the diaspora community in the United States.
“He’s instigating chaos at home, then fleeing to the US to divide the diaspora. The people he’s addressing in America were born there; they don’t know Kenyan tribes. He’s exporting Kenya’s political toxicity abroad,” Wetang’ula said, adding that Gachagua no longer represents anyone in Kenya and urging citizens to reject divisive leadership.
Majority Leader Ichung’wah, who was present at the event alongside other Kenya Kwanza officials including Senate Majority Whip Silvanus Osoro and several MPs, echoed Wetang’ula’s sentiments with equally strong language. He warned that all individuals connected to the violent protests would face justice regardless of their political status or position.
“Whether you’re an MP or not, if you planned or sponsored those riots, you will face justice. Even I, as Majority Leader, would not be spared. No one is above the law,” Ichung’wah asserted, in remarks that appeared directed at recently arrested Naivasha MP Jane Kihara, who has been charged in connection with the protests.
Ichung’wah dismissed claims that the charges against political figures are politically motivated, insisting that those who encouraged youth to engage in looting and destruction must bear responsibility for their actions. He urged those facing charges to accept accountability rather than seeking sympathy, stating bluntly that they should “carry your cross” and seek help from their political sponsors.
The Majority Leader also issued a specific warning to Rift Valley residents, urging them to resist any attempts to stir tribal conflict and avoid repeating the tragic mistakes of the 2007/2008 post-election violence that claimed over a thousand lives and displaced hundreds of thousands of Kenyans.
The call for legislative reform comes as the country grapples with finding the right balance between protecting constitutional rights and maintaining public order. The proposed changes would represent the most significant amendment to protest laws since the promulgation of the 2010 Constitution, which expanded democratic freedoms including the right to peaceful assembly and demonstration.
Legal experts and civil society organizations are likely to closely scrutinize any proposed legislation to ensure that legitimate rights to peaceful protest are not undermined in the pursuit of maintaining order. The challenge will be crafting laws that effectively deter violence while preserving the democratic principles that allow citizens to express dissent and hold their government accountable through peaceful means.
The reform initiative reflects growing concern among government leaders about the escalation of protest-related violence and the need for clearer legal mechanisms to address the increasingly complex challenges of managing public demonstrations in a democratic society.
