The Law Society of Kenya (LSK) has raised alarm over recent remarks by President Suluhu warning that any coordinated regional effort to suppress youth-led civic expression would undermine constitutional protections and the rule of law across East Africa.
Constitutional Rights Not Negotiable
Kanjama pointed to Articles 33, 36 and 37 of the Constitution, which guarantee freedom of expression, association and peaceful assembly. He stressed that these rights are not privileges granted by the State, but fundamental protections that underpin democratic governance.
“Demands for accountability, transparency and respect for human rights cannot be framed as disorder,” he said. “They are a core feature of any functioning constitutional democracy.”
Kanjama noted that similar protections exist across EAC member states, forming part of the region’s broader legal and democratic commitments.
Safeguards Against Abuse of Power
The Society also highlighted Articles 27, 28 and 29 of the Constitution, which protect equality, human dignity and freedom from cruel, inhuman or degrading treatment.
According to Kanjama, these safeguards are absolute and leave no room for the use of force or punitive measures against citizens exercising their rights peacefully.
Kenya’s democratic gains, Kanjama noted, were achieved through sustained struggle and resistance to arbitrary power. Preserving those gains requires continued respect for the rule of law and protection of civic space.
“The appropriate response to citizen engagement is dialogue, not deterrence,” he said.
Regional Focus
The LSK President called on governments within the East African Community to uphold constitutional norms and respect the rights of all persons.
He emphasized that constitutional rights are not subject to suppression through executive direction, political convenience or regional alignment.
Kanjama maintained that any attempt to undermine fundamental freedoms would be met with institutional resistance through legal, civic and regional accountability mechanisms.
The LSK President concluded by stating that the LSK is committed to defending the Constitution, protecting fundamental freedoms and advancing the rule of law across the region.
