The National Police Service has cautioned that the constitutional right to protest must be exercised within clearly defined legal boundaries, warning that failure to follow set procedures could trigger action to preserve public order and safety.
In a statement dated April 24, 2026 by Muchira Nyaga, Director of Corporate Communication and spokesperson for the Service, the Service said its role as a National Security Organ is anchored in Article 243 of the Constitution, with its responsibilities guided by Article 244.
“Article 244(c) requires the Service to comply with constitutional standards of human rights and fundamental freedoms,” the statement noted, while also recognising the provisions of Article 37, which allow citizens to assemble, picket, and present petitions, provided they do so peacefully and without weapons.
Even so, the police pointed out that such freedoms are subject to legal limits. It referenced Article 24 of the Constitution, which permits restrictions where they are reasonable and necessary in an open and democratic society, particularly to protect public order, safety, and the rights of others.
The Service went on to outline key requirements under the Public Order Act that govern the conduct of public meetings and processions.
According to the law, gatherings should only take place between 6 am and 6 pm. Organisers must notify the relevant regulating officer at least three days before the event and not more than fourteen days in advance.
Those planning such events are also required to submit their full names and physical addresses as part of the notification process. They must further specify the intended date, location, or, for processions, the route to be followed.
“The organiser of a public meeting or procession remains accountable for the conduct of their members and must fully cooperate with law enforcement officers at all times.”
The police warned that ignoring these conditions may result in disruption of the events or enforcement measures aimed at restoring order and ensuring safety.
It stressed that those organising public gatherings carry full responsibility for participants and must work closely with security officers to ensure compliance with the law.
In its advisory, the Service urged Kenyans to exercise their rights responsibly and in line with the Constitution.
“NPS wishes to remind and advise the public to exercise their rights within the law and in a manner that maintains peace, security, and respect for our constitution,” the statement read.
The agency reaffirmed its commitment to maintaining order during public events while protecting lives and property, and called for cooperation from the public to enable it to carry out its mandate effectively.