NAIROBI, Kenya — Activist Boniface Mwangi has criticised the arrest and prosecution of protesters linked to demonstrations held during the Africa Forward Summit, accusing the police and judiciary of enabling the criminalisation of constitutionally protected assembly.
In an interview on NTV on Wednesday, Mwangi said the arrests reflected a pattern in which peaceful protest is routinely treated as a criminal offence.
He accused the courts of allowing protest-related charges to proceed, arguing this effectively legitimises unlawful police actions during public demonstrations.
Constitutional Right Violated
Mwangi said the Constitution guarantees the right to peaceful assembly and questioned why individuals engaging in protests were being charged in court. He faulted the Office of the Director of Public Prosecutions (ODPP) for approving charges arising from what he described as lawful civic expression.
“I think our courts have made it possible for the police to break the law. Because every time the police arrest people during a protest, they are breaking the law, because the law protects you,” he said.
He added that repeated arrests during demonstrations amounted to a violation of constitutional freedoms.
Summit Arrests
His remarks follow the arrest of 13 protesters during demonstrations linked to the Africa Forward Summit, with several later arraigned at the Milimani Magistrates Court on charges of offensive conduct conducive to breaches of peace.
“They’ll be arraigned before the court, and a magistrate will allow the charges to be read. Even the ODPP, how do you approve charges against someone exercising their constitutional right to protest?” Mwangi posed.
Police Response
The demonstrators were detained in separate incidents across Nairobi’s Central Business District as police moved to restrict access to key summit venues hosting heads of state, diplomats, and international delegates.
Officers used tear gas to disperse crowds gathered along Uhuru Highway and near the GPO roundabout as they attempted to march toward the Kenyatta International Convention Centre (KICC).
Security was significantly tightened around summit venues, with anti-riot police blocking major roads around KICC and the Serena Hotel to control movement during the high-level meetings.
Comparison with France
Mwangi drew comparisons with France, saying public demonstrations there are more widely tolerated even when directed at visiting leaders.