Amnesty Calls for Police Restraint as Fuel Price Demonstrations Loom

NAIROBI, Kenya Apr 20 – Amnesty International Kenya has urged police to exercise restraint ahead of the anticipated nationwide fuel protests scheduled for Tuesday.

In a statement, the rights group noted that the planned protests are a response to rising fuel costs and their worsening impact on households and the wider economy.

The organisation reminded the National Police Service (NPS) that the Constitution guarantees the right to peaceful assembly under Article 37, stressing that police are obligated to facilitate  not restrict demonstrations.

“The Constitution of Kenya guarantees every person the right to assemble, demonstrate, picket, and present petitions peacefully and unarmed. The police bear a primary responsibility to facilitate and protect this right, not suppress it.,” the statement read.

Amnesty said protest notifications are meant for coordination of public safety, not for seeking permission from authorities.

The organisation also cautioned police against the use of excessive force, citing past protests in which it documented cases of brutality, arbitrary arrests, harassment of journalists, and obstruction of medical personnel.

It warned that officers and commanders could be held personally liable for violations of constitutional and international human rights standards.

“Individual officers and their commanders may be held personally and criminally liable for violations of human rights, the Constitution, and Kenyan law,” the human rights group said.

Amnesty further pointed to a recent High Court decision in Kisumu, which declared the use of live ammunition against unarmed civilians during protests unlawful and unconstitutional.

The court, it noted, condemned instances where civilians were shot in their homes, on streets, or while fleeing, describing such incidents as a “grave failure of policing” and a violation of life and dignity.

Against this backdrop, Amnesty issued a series of operational recommendations to police ahead of the demonstrations.

The group called on officers to ensure full facilitation of peaceful protests, warning against arrests or intimidation of demonstrators who are lawfully exercising their rights.

It further emphasised strict command responsibility, insisting that senior officers will be held accountable for misconduct by personnel under their supervision.

“All officers must be clearly identifiable, with uniforms, name tags, and service numbers visible at all times,” the advisory stated.

On use of force, Amnesty stressed that it must remain a last resort and strictly adhere to necessity and proportionality principles.

“The use of live ammunition, rubber bullets, tear gas, or water cannons against peaceful protesters is prohibited,” it said, adding that de-escalation and dialogue should be prioritised.

The organisation also urged protection of journalists, warning against interference with media operations, internet access, or live broadcasts during the protests.

“Any shutdown or disruption of media would amount to unlawful restrictions on freedom of expression and access to information,” it warned.

Health workers, human rights observers, and other neutral actors, it added, must be guaranteed safe passage and protection at all times.

Amnesty also urged police to distinguish between peaceful demonstrators and individuals involved in isolated criminal acts, cautioning against collective punishment.

It further underscored legal safeguards for arrested persons, including timely access to legal counsel and appearance in court within 24 hours.

“All arrests must be lawful, targeted, and based on individual responsibility,” the statement said.

The rights body also called for immediate reporting of any deaths or serious injuries to the Independent Policing Oversight Authority (IPOA) and full cooperation with oversight institutions.

“Public order and human rights are not mutually exclusive,” the organisation concluded. “There must be no further loss of life, no excessive use of force, and no suppression of media freedom during the exercise of the right to peaceful protest.”