By Kennedy Nalyanya
National Assembly Speaker Moses Wetang’ula has issued a firm warning against violent demonstrations, stating that while the Constitution guarantees the right to protest, it does not condone chaos and destruction.
Speaking during a press briefing in Nairobi, Wetang’ula emphasized that Article 37 of the Constitution, which protects freedoms of assembly and protest, must be interpreted with responsibility and restraint.
“The Constitution guarantees the right to assemble and protest,” Wetang’ula said. “But it does not give anyone the license to riot, loot, burn property, rape, maim, or kill. That is lawlessness, and no society should tolerate it.”
He urged Parliament to consider a comprehensive legislative review, marking 15 years since the 2010 Constitution was enacted, to close existing gaps that, he said, have enabled violence under the guise of peaceful protest.
Citing international examples, Wetang’ula referenced the United Kingdom's legal framework, where protest organizers can be held personally liable for damages caused during demonstrations.
“Freedom must come with responsibility,” he noted.
In a sharp rebuke, the Speaker accused impeached former Deputy President Rigathi Gachagua of inciting unrest from abroad.
“He is exporting Kenya’s political toxicity to the United States,” Wetang’ula claimed, branding Gachagua a national security threat.
“That man represents no one and disrespects even the most basic leaders. We must reject divisive politics.”
Wetang’ula was flanked by key political figures including National Assembly Majority Leader Kimani Ichung’wah, Senate Majority Whip Silvanus Osoro, Bungoma Senator David Wakoli, and several MPs including Nabii Nabwera (Lugari), Dick Maungu (Luanda), John Waluke (Sirisia), and Kakai Bisai (Kiminini).
Ichung’wah echoed the Speaker’s tough stance, vowing that those behind the Saba Saba protests would be held accountable—regardless of their political clout.
“Whether you’re an MP or not—if you sponsored those riots, you will be held accountable. No one is above the law,” he said, in what appeared to be a direct reference to Naivasha MP Jane Kihara, recently arrested in connection to the protests.
The Speaker’s remarks come at a time of heightened political tension, with growing concern over the escalation of protests into violent confrontations. His call for legislative reforms adds momentum to a national debate over the limits of civil liberties and the balance between freedom and public order.
As Parliament considers possible reforms, one thing is clear: the conversation around the future of protest in Kenya is far from over.
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