Police misusing law to block protests – report
Kenya’s police are turning a simple notification requirement for public demonstrations into a de facto permit system, a practice the Kenya National Commission on Human Rights (KNCHR) says is unconstitutional and fuels violent crackdowns on protests.
In its latest report, the Commission warns that the Public Order Act, which only requires organisers to give notice before holding an assembly, is being misapplied to grant or deny permission for protests.
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“This misapplication of the law undermines the right to peaceful assembly as guaranteed under Article 37 of the Constitution,” the report released on Wednesday, August 13, 2025, states.
“It has led to the unlawful disruption of gatherings, arbitrary arrests, and in some cases, the use of lethal force.”
Under the Act, organisers must notify police at least three days before a protest. However, KNCHR says that in practice, law enforcement treats this notice as an application for permission, with officers approving or rejecting assemblies at will.
The report cites multiple instances where protests were violently dispersed despite organisers having complied with the notification process.
“The police continue to interpret ‘notice’ as ‘permit,’ and those deemed unauthorised are often met with force,” it notes.
One case documented by KNCHR involved a peaceful march in Nairobi where demonstrators were teargassed within minutes of assembling, despite prior notice having been served.
Violations on the rise
The misuse of the Public Order Act is linked to a worrying increase in violations against human rights defenders and protesters.
Law enforcement misconduct cases recorded by KNCHR jumped from five in 2020 to 23 in 2022, signalling what the report calls a sharp deterioration in policing standards for assemblies.
“These figures reflect a growing disregard for constitutional protections in the management of public gatherings,” the Commission says.
KNCHR stresses that the heavy-handed policing of protests has a chilling effect on civic participation. Communities, particularly in rural areas, are discouraged from exercising their rights for fear of arrest or violence.
“The suppression of peaceful assembly erodes public trust in law enforcement and democratic governance,” the report warns.
“When citizens cannot gather to express their grievances, it undermines the very fabric of participatory democracy.”
The Commission also notes that excessive use of force during protests has led to injuries, property damage, and fatal consequences, which it says could be avoided through lawful policing practices.
Legal reforms and accountability
To address the problem, KNCHR is calling for amendments to the National Police Service Act, specifically to Schedule 6(B), to ensure policing orders are aligned with court rulings affirming the right to assembly.
It also urges the establishment of a clear accountability framework for officers who unlawfully disperse protests or use excessive force.
“Officers found culpable of violating the rights of protesters must face swift and impartial investigation and prosecution,” the report insists.
KNCHR is advising Kenyans to familiarise themselves with their rights under Article 37 of the Constitution and the notification requirements of the Public Order Act.
“Knowing the law is the first defence against its misuse,” the report says, adding that public legal education should be part of a broader national strategy to protect civic freedoms.
With political temperatures expected to rise ahead of the 2027 general elections, the Commission warns that without urgent reforms, protest-related violations could escalate.
“As Kenya approaches another electoral cycle, safeguarding the right to peaceful assembly is not optional; it is a constitutional imperative,” the report asserts.
