Abstract:
In the previous general election that is 2017 in Kenya, there were allegations of political violence, high level of impunity by perpetrators and mistrust by the National Police Service. In this case, therefore, there have been several reports by the Kenya Human Rights Commission (KHRC) and also Non- governmental bodies that deals with human rights issues. Allegations were made that misuse of power and violation of this constitutional right was witnessed then and this was before and after the announcement of the presidential results.
Reports indicate that the police fired teargas, shot both the children and the old, and used live ammunition to disperse demonstrators among others during these peaceful assemblies.1Therefore, this research seeks to address the implementation of the right to peaceful assembly , the massive challenges in the implementation of this right and it also analyses whether the General Service Unit (GSU), which is a paramilitary group formed under National Police Service have misused their powers by killing, harming and dispersing peaceful assemblies. It also seeks to look at the deployment of the police during unrest in the country.
This research also addresses the procedure for obtaining the permit to peaceful assembly and Kenya’s experience during 2017 general elections. The study further interrogates the rights of the people to peaceful assembly by looking at its limitations and the duties of the police as provided for in the 2010 Constitution, Statutes and International instruments. It will also aim to balance the right to peaceful assembly and the powers that the National Police Service is given and whether it is time to recall peace keeping mission between the civilians and the police. At the end, it arrives at a final conclusion and makes various recommendations to fill the identified gaps.
