Willy Mutunga Says Police Should Make Protesters Enjoy Demos, Not Hurt Them

• Willy Mutunga, Kenya's former Chief Justice and legal scholar pointed out that the police were abusing the Constitution of Kenya 2010 by beating up protesters instead of protecting them
• Mutunga is known for his activism in the political and civil space and was categorical that the Constitution of Kenya 2010 was created specifically to do away with oppressive colonial laws
• He accused some police officers of being stuck in the colonial era, and attributed this rigidity to brutality recorded during protests

Kenya's first Chief Justice under the Constitution of Kenya 2010, Willy Mutunga has blasted the police, accusing them of blatantly trampling on the laws that the country's democracy has been established on.

Article 37 of the Constitution of Kenya

Mutunga was speaking in reference to Article 37 of the Constitution of Kenya 2010 which states that: "Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities."

Speaking during an interview with renowned journalist Jeff Koinange on Citizen TV's JKL show on Wednesday, June 26, Mutunga said that the above article of the constitution was deliberately created to tame colonial and post-colonial regimes' attacks on civilians standing up for their rights.

The former CJ is known for his active role in political and civil activism in the 70s and 80s and has always stood up for the rights of Kenyans to express themselves as provided for in the Constitution.

"Article 37 of the Constitution has a history as all of us who have been in activism in the 1970s know why it was created. It was factored to address colonial and post-colonial problems.

Maandamano in Kenya

"It talks of demonstrations about when citizens are peaceful and unarmed. When you are demonstrating it is the police who are supposed to protect demonstrators to enjoy that particular right," explained the legal scholar.

Mutunga was, however, disappointed in how some police officers were treating protesters.

Reports from independent human rights organisations indicate that at least 30 people have been killed by police during demonstrations that have been on and off from March 2023.

He equated the police's treatment of protesters to colonial masters' treatment of Kenyans, saying this was unacceptable.

Colonial rule in Kenya

"The police still have a colonial mentality, I have never seen any problem with demos until police arrive with tear gas and water canons, and that's when all hell breaks loose. I have also seen very peaceful demonstrations where there is dialogue between demonstrators and the police," Mutunga stated.

He said police officers only need to know which routes the demonstrators will be using, the identity they will have and protect them from any intruders or rival factions in a bid to avoid violent confrontations.

Kenya got its independence from the colonial rule in 1963 and since then, there were numerous amendments to the constitution passed over from the colonial masters until Kenyans voted in a referendum in 2010, to give birth to a new supreme law of the land.

The new Constitution, among other developments, explicitly highlighted the freedoms of expression, assembly and media, which have been key in shaping the country's democratic landscape.

Mutunga, recently bought food for protesters arrested for taking part in the Saba Saba demonstrations.