Kenya - Teargas has no role in democracy

Reproduced from the Daily Nation of 7th December 2006 It looks as though we are approaching the end of the year under heightened political tension. The row over the coup that placed Government allies in the leadership of the Official Opposition has provided a rallying point for those whose mandate is to keep the Government on its toes. The result was the protest on Tuesday that was violently broken up by police in Nairobi. We are likely to see more of such protests in coming days. Tear gas and truncheons may not be enough to cow opposition leaders who have been handed by the Government the ideal issue on which to galvanise protests. Without looking into the legality or otherwise of the coup in Kanu and appearance of Government complicity, the important thing is to ensure the situation does not escalate into violence. We are at a stage in the development of democracy where legitimate protest must be accepted in accordance with the constitutional guarantees on the right to free speech, assembly and association. What is important is that peace prevail, in which case the Government has no cause to call in riot police where there is no threat to law and order. It is thus incumbent on those organising the protests to ensure they remain peaceful, and the organisers must know they will suffer the consequences if the law is broken. But it is also incumbent on the Government to ensure those who wish to legitimately assemble or march are given the freedom to do so.

Police should only come in if it becomes necessary to restore peace. These are principles that must be adhered to as we approach what could become a frenetic election year.