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=== ๐Ÿ•Š๏ธ 2. Freedom of Assembly, Demonstration and Petition โ€“ Article 37 โ€“ Assembly, Demonstration, Picketing and Petition (Kenya 2010 Constitution) ===
=== ๐Ÿ•Š๏ธ 2. Freedom of Assembly, Demonstration and Petition โ€“ [https://wikizetu.online/index.php/Category:Kenya_2010_constitution#37._Assembly,_demonstration,_picketing_and_petition Article 37 โ€“ Assembly, Demonstration, Picketing and Petition (Kenya 2010 Constitution)]
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''โ€œEvery person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.โ€'' โ€” '''Article 37'''
''โ€œEvery person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.โ€'' โ€” '''Article 37'''



Revision as of 22:18, 19 July 2025

โš ๏ธ More Information Required
This section is incomplete. Please help by adding more fallen comrades so we may never forget their role in fighting for a better Kenya. How and Who Can Contribute?

Statistics on Protest Crackdown
Location Kenya
Date 2024 - 2025
Protesters killed 151
Injured TBD
Arrested TBD
Enforced disappearances Estimated at 55 + but to be updated as we get more information

Remembering Kenyaโ€™s Fallen youth: Defenders of Democracy, Silenced Voices

Young Kenyan protesters hold a Kenyan flag over the body of a fellow youth killed by the police during peaceful protests in Nairobi, Kenya, on 25th June 2024
A protester jumps over a bonfire on Kenyatta Avenue in Nakuru City during the June 25, 2025 demonstrations.https://www.theeastafrican.co.ke/tea/news/east-africa/protests-in-kenya-dozens-hospitalised-5095174
Young Kenyan protesters walking towards Nairobi CBD on 25th June 2024
A tear-gas canister exploded on a street in Nairobi, Kenya, during protests over a bill to raise taxes on 25th June 2024 https://www.nytimes.com/2024/06/25/world/africa/nairobi-kenya-tax-protests.html
Two young Kenyan protestors showing a red rose flower as a sign of peace and love for motherland Kenya in Nairobi CBD on 25th June 2024
Inside Parliament grounds, armed policemen shot at protestors who had gained access to this protected zone.on 25th June 2024, https://nexusmedia.ug/kenya-protests-paralyze-businesses-in-border-towns/

They marched with a Kenyan flag in one hand, a phone in the other, and a bottle of water in their backpacksโ€”symbols of peaceful resistance, courage, and hope. Bold members of Generation Zโ€”who took to the streets to defend justice, economic dignity, and democracy. These youth were not criminals or threats; they were **patriots exercising their constitutional rights**.

Constitutional Violations

The violent suppression of peaceful protests constitutes a clear violation of the right to a fair trial and the presumption of innocence. Each resulting death underscores a grave failure to uphold and adhere to constitutional and human rights obligations.

๐Ÿ“œ 1. Right to Life โ€“ Article 26

โ€œEvery person has the right to life.โ€ โ€” Article 26(1) โ€œA person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.โ€ โ€” Article 26(3)


=== ๐Ÿ•Š๏ธ 2. Freedom of Assembly, Demonstration and Petition โ€“ Article 37 โ€“ Assembly, Demonstration, Picketing and Petition (Kenya 2010 Constitution)

===

โ€œEvery person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.โ€ โ€” Article 37


๐Ÿ‘ฎ 3. Use of Force by Police โ€“ Article 244 & National Police Service Act

โ€œThe National Police Service shall comply with constitutional standards of human rights and fundamental freedoms.โ€ โ€” Article 244(c) โ€œ...Shall strive for the highest standards of professionalism and discipline among its members.โ€ โ€” Article 244(d)

The National Police Service Standing Orders further require that use of force must be:

  • Proportionate
  • Necessary
  • Justifiable
  • A last resort

โš–๏ธ 4. Human Dignity & Protection from Torture โ€“ Articles 28 and 29

โ€œEvery person has inherent dignity and the right to have that dignity respected and protected.โ€ โ€” Article 28 โ€œEvery person has the right to freedom and security... which includes the right not to be treated or punished in a cruel, inhuman or degrading manner.โ€ โ€” Article 29(f)


๐Ÿ—ณ๏ธ 5. Sovereignty of the People โ€“ Article 1

โ€œAll sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.โ€ โ€” Article 1(1)

โš–๏ธ 6. Presumption of Innocence in Kenyan Law - Article 50

In Kenyan law, the right to a fair trial โ€” including the presumption of innocence โ€” is firmly protected under the Kenya 2010 constitution.

Article 50(2)(a) of the Constitution of Kenya, 2010 states:

"Every accused person has the right to a fair trial, which includes the rightโ€”

(a) to be presumed innocent until the contrary is proved;"

This means that:

  • An accused person does not have to prove their innocence.
  • The burden of proof rests on the prosecution.
  • The prosecution must prove the case beyond reasonable doubt.
  • Any doubt must be resolved in favour of the accused.

Principles of a Fair Trial in Kenya

  • Fair hearing: Conducted before an independent and impartial court.
  • Legal representation: The accused has the right to choose and be represented by a legal practitioner.
  • Disclosure of evidence: The prosecution is required to disclose all relevant evidence to the defence.
  • Timely trial: The trial must be conducted without unreasonable delay.

๐ŸŽฏ We honor these lives, not as statistics, but as voices of courage that will echo through history. Their memory demands accountability, Justiceโ€”and a renewed national commitment to uphold the freedoms enshrined in our Constitution and Respect to Human Rights.

๐Ÿ”ฅ Never again shall we treat a peaceful protester as an enemy of the state.

Memorial List 2024 - 2025 youth protests

Rex masai ๐Ÿ’” Rex Masai

Killed: 2024 in Nairobi
Justice Status: Ongoing

Rex masai ๐Ÿ’” David Chege

Killed: 2024 in Nairobi
Justice Status: No status yet

Rex masai ๐Ÿ’” Erricson Mutisya

Killed: 2024 in Nairobi
Justice Status: No status yet

Rex masai ๐Ÿ’” Eric Shieni

Killed: 2024 in Nairobi
Justice Status: No status yet

๐Ÿ’” Dezel Omondi

Killed: 2024 in Nairobi
Justice Status: Ongoing

๐Ÿ’” Austin Onyisa Makokha

Killed: 2024 in Nakuru
Justice Status: No status

๐Ÿ’” Mike Kihunga

Killed: 2024 in Nakuru
Justice Status: No status

๐Ÿ’” Kevin Mandanga

Killed: 2024 in Nakuru
Justice Status: No status

๐Ÿ’” Beasly Kogi

Killed: 2024 in Nakuru
Justice Status: No status

File:Avatar-default.png ๐Ÿ’” Kevin Odhiambo

Killed: 2024
Justice Status: No status

๐Ÿ’” Ibrahim Wanjiku

Killed: 2024 in Nairobi
Justice Status: No status

File:Avatar-default.png ๐Ÿ’” Caroline Shiramba

Killed: 2024
Justice Status: No status

๐Ÿ’” Emmanuel Gigs

Killed: 2024 in Mombasa
Justice Status: No status

File:Avatar-default.png ๐Ÿ’” Brian Kimathi

Killed: 2024
Justice Status: No status

๐Ÿ’” Kenneth Njeru

Killed: 2024
Justice Status: No status

๐Ÿ’” Anthony Macharia Mwangi

Killed: 2024
Justice Status: No status

๐Ÿ’” James Gachara

Killed: 2025 in Nanyuki
Justice Status: Ongoing

๐Ÿ’” Boniface Kariuki

Killed: 2025 in Nairobi
Justice Status: Ongoing

๐Ÿ’” Albert Ojwang

Killed: 2025 in Nairobi
Justice Status: Ongoing

๐Ÿ’” Ian Muhindi

Killed: 2025 in Nairobi
Justice Status: Ongoing

๐Ÿ’” Joseph Ndiangโ€™ui

Killed: 2025 in Othaya
Justice Status: Ongoing

References