Raila Odinga defends right to protest, urges police to facilitate demonstrations

Orange Democratic Movement party leader Raila Odinga has strongly defended Kenyans’ constitutional right to protest, warning against any attempt by authorities to clamp down on peaceful public demonstrations.
Raila’s remarks come at a time of heightened civic activism in the country. Various groups, including student unions, human rights organizations, and political formations, are preparing to take to the streets to protest high living costs, corruption, and perceived governance failures.
The recent actions by police, including arrests and dispersals of peaceful gatherings, have drawn criticism from both local and international rights bodies.
The ODM leader’s comments are widely seen as an attempt to set the tone for lawful, peaceful protest while also holding state institutions to their constitutional responsibilities. His call is not only directed at demonstrators but also at government agencies — particularly the police — to act within the confines of the law and safeguard democratic freedoms.
As the country braces for Wednesday’s planned protests, the spotlight will now be on how authorities respond to the demonstrations, and whether both citizens and state actors will adhere to the constitutional principles that underpin Kenya’s democratic order.
With tensions rising and public frustration mounting, the next 48 hours could prove pivotal in testing the country’s commitment to upholding fundamental freedoms — and Raila’s words may well serve as both a warning and a guide.
Youths protesting. Image used to illusrate this story.PHOTO/Pexels
Speaking on Tuesday, 24 June 2025, ahead of planned protests set for Wednesday, 25 June, the veteran opposition figure emphasized that the right to protest is not a privilege granted by the state, but a fundamental freedom enshrined in Kenya’s Constitution.
Raila, who has long been a leading voice in civic freedoms and democratic space in Kenya, reiterated that while demonstrations must be peaceful and law-abiding, no organ of government has the power to silence public dissent or frustrate lawful assembly.
“So long as the process is done lawfully, orderly, and with respect for property and life, no one should stop anyone from protesting,” Raila said.
The remarks also come amid growing tensions between civil society groups, opposition leaders, and the government over the handling of recent protests, some of which have been met with heavy-handed police responses. With a series of planned demonstrations expected across major towns, Raila’s comments have added urgency to ongoing national debates around freedom of assembly and the rule of law.
Right enshrined in Constitution
Citing Article 37 of the Kenyan Constitution, Raila clarified that the right to assemble, demonstrate, and petition public authorities is a legal entitlement enjoyed by every citizen, not a discretionary act by the government.
“Article 37 of the Constitution says this: every person has the right, peaceably and without being armed, to assemble, to demonstrate, to picket, and to present petitions to public authorities,” Raila stated.
“That means every Kenyan has the right, unarmed, to gather, to protest, to strike, and to submit memoranda to the government. That is a right guaranteed in our Constitution.”
He stressed that protests conducted within the framework of the law must be respected, regardless of one’s political affiliations, ethnic identity, or economic status.
The procedure must be followed
While firmly defending the right to protest, Raila emphasized that legal and procedural steps must be observed before demonstrations take place. This includes formally notifying the police of the intention to hold a protest, and specifying the route, timing, and areas to be covered. According to him, this process is not only a legal requirement but a necessary measure to maintain public order and security.
“Therefore, if people want to hold demonstrations, they must first notify the government that they intend to do so on a specific date and that they will move from this point to that point,” he said.
“Then the police will be sent to protect the demonstrators and to ensure that people’s property is not destroyed. That is how it is done in all civilised nations.”
Raila’s remarks reflect an effort to balance the right to protest with the need to prevent chaos, violence, or vandalism — issues that have at times accompanied past demonstrations, drawing public concern.
Facilitate, don’t suppress
Raila also issued a pointed reminder to law enforcement agencies to fulfil their constitutional mandate by facilitating, not obstructing, peaceful protests. He criticized the tendency by some security organs to treat demonstrators as criminals, warning that such actions erode public confidence and violate democratic norms.
“Then, the police should be deployed to protect the demonstrators and ensure that people’s property is not destroyed,” Raila emphasized.
He added that globally, it is standard practice for police forces to work in cooperation with organizers of public demonstrations to ensure safety for both protesters and bystanders — a model he said Kenya must adopt and internalize.