The Justice and Equity Council UK (JEC-UK) has issued a strongly worded statement condemning what it describes as escalating violations of constitutional rights by senior officials in the Government of Kenya.
In a statement released on behalf of members of the Kenyan diaspora in the United Kingdom, the group cited concerns over actions allegedly taken by the Cabinet Secretary for Interior and National Administration, Kipchumba Murkomen, and the Inspector-General of Police, Douglas Kanja.
JEC-UK argued that any attempts to restrict lawful political activity, peaceful protest, or civic expression would contravene protections enshrined in the Constitution of Kenya.
Constitutional Provisions Cited
The council referenced multiple constitutional safeguards, including:
- Article 1 – Sovereign power belongs to the people.
- Article 2 – The Constitution is the supreme law of the Republic.
- Article 3(1) – Obligation of every person to respect, uphold and defend the Constitution.
- Article 10 – National values including rule of law, democracy, human rights, transparency, and accountability.
- Article 24 – Rights may only be limited in a manner that is reasonable and justifiable.
- Articles 33, 36, 37, and 38 – Freedoms of expression, association, peaceful assembly, and political participation.
- Article 47 and 50 – Rights to fair administrative action and fair hearing.
- Articles 238, 239(3), and 244 – Requirements that national security organs operate under civilian authority and in full compliance with constitutional human rights standards.
The council also cited provisions of the National Police Service Act, including limitations on the use of force under Part VIII and the Sixth Schedule, which require necessity and proportionality in policing operations.
Allegations and Demands
JEC-UK warned that any blanket bans, administrative directives, or use of force targeting peaceful assembly would fail the constitutional test under Article 24 and therefore be unlawful.
The council issued four key demands:
- Immediate cessation of any unconstitutional restrictions on peaceful assembly and political participation.
- A public reaffirmation by the Inspector-General of the protections under Articles 37 and 38.
- Independent and transparent investigations into allegations of police brutality.
- Criminal and disciplinary accountability for any officer found to have violated constitutional or statutory obligations.
Call for Constitutional Governance
The group further stated that public officers acting outside constitutional authority may bear personal legal liability, emphasizing that unconstitutional acts are void under Article 2.
“Civic mobilisation conducted lawfully and non-violently is protected by the Constitution and cannot be criminalised by executive decree,” the statement read.
The council concluded by affirming its support for peaceful, constitutional, and democratic engagement, while calling for adherence to the rule of law and respect for Kenya’s democratic framework.
The statement was issued by JEC-UK officials, including Chairman Sebastian Onyango, Secretary Janet Sutton, and Organising Secretary Rose Nyarkaksingri.
