Dispute resolution

• Kenyan opposition leader Raila Odinga and his coalition party, Azimio la Umoja-One Kenya, recently called for mass protests across the country.
• The Conversation Africa’s Kagure Gacheche spoke with Westen K Shilaho, a senior researcher on African politics, who explores the evolution of political protests in Kenya.

What does the law say about political protest?

• It states that:
  Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
• Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
• These include the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights.

What led to the latest wave of protests in Kenya?

• The opposition contested the election results and filed a petition before the supreme court, which unanimously dismissed the petition for lack of evidence.
• Raila Odinga, the losing presidential contestant, rejected this ruling and has refused to recognise Ruto’s win.
• Read more:
  The body choosing Kenya's election commission is being overhauled – how this could strengthen democracy

  After a six-month lull, these protests recently spilled over onto the streets.

• The opposition called for demonstrations twice a week from 20 March until the government accedes to its demands.
• Ruto and his supporters have been scornful of the opposition’s demands, saying they have no basis in law, morality or logic.
• If not checked, power-sharing arrangements – or “handshake” in Kenya’s political parlance – could become the country’s default arrangement after elections.

What is the history of political protests in Kenya?

• Kenya’s political history is marked by mass protests that date back to the colonial period and continued into independence.
• In 1992, mothers of political prisoners held an 11-month hunger strike in Nairobi to demand the release of their sons.
• As I discuss in my book, Political Power and Tribalism in Kenya, political protests in the country have become insular, sectarian, tribal, unashamedly personality driven and elitist.
• Read more:
  Kenya’s history of political violence: colonialism, vigilantes and militias

  My research found that the political elite have used protests for self-preservation and to pursue their interests.