Lawyers affiliated to the Commonwealth Lawyers Association (CLA) which has members across 56 countries on Wednesday, July 26, condemned the brutality meted on protestors by the police during the anti-government demonstrations staged by the Azimio coalition.
In a statement, the CLA said it had been monitoring events in the country and was concerned by media reports depicting police officers using excessive force which subsequently led to severe injuries and in some instances, loss of life.
"Article 37 of the Kenyan constitution guarantees that “every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”
"This right must be upheld and respected by those in authority. The Kenyan police service also has a duty to maintain law and order without using excessive force against civilians," the statement read in part.
In a wider international context, the CLA noted that Article 20 of the Universal Declaration of Human Rights states that everyone has the right to freedom of peaceful assembly and association.
The lawyers emphasised that freedom of assembly is a cornerstone of any democracy. Seemingly, the lawyers reiterated their support for all victims of police brutality in Kenya.
They subsequently asked the Kenyan government to respect the right to freedom of assembly. Additionally, the lawyers want the government to ensure that the Kenyan police force immediately desists from using excessive force against unarmed civilians.
"Take appropriate action against all the members of the police service who committed criminal acts against Kenyan citizens. The police uniform should not provide protection against accountability," the lawyers urged.
In conclusion, the lawyers called on the government to uphold the Kenyan Constitution, in particular Article 37, and the rule of law at all times.
The Commonwealth Lawyers Association has been at the forefront of promoting and maintaining the rule of law throughout the Commonwealth countries which Kenya is part of.
CLA's statement came even as the Independent Medico-Legal Unit (IMLU) reported that police killed six protesters and arrested more than 300 on July 19, 2023, during the anti-government protests.
Azimio la Umoja on Wednesday, July 26, held vigils across the country to honour Kenyans who lost their lives during the protests. Supporters from all corners of the nation showed up in numbers to light candles and lay flowers.
