NAIROBI, Kenya — The Law Society of Kenya (LSK) has issued a strong warning against any attempts to curtail civic freedoms in East Africa, citing constitutional protections and rule of law obligations following remarks by Samia Suluhu Hassan.
In a statement shared by Senior Counsel Charles Kanjama, LSK President, the Society said suggestions of coordinated regional action to suppress youth-led civic expression raise “grave constitutional concerns” within the East African Community (EAC).
The LSK anchored its position on the Constitution of Kenya 2010, which guarantees fundamental rights and freedoms, including freedom of expression, association, and peaceful assembly under Articles 33, 36, and 37. It emphasised that these rights are not discretionary but form the bedrock of democratic governance.
“Demands for accountability, transparency and respect for human rights cannot be characterised as disorder,” the statement read, adding that civic engagement is an essential feature of constitutional democracy rather than a threat to it.
The Society further pointed to Articles 27, 28, and 29 of the Constitution, which protect equality, human dignity, and freedom from cruel, inhuman, or degrading treatment. It stressed that these safeguards are binding and cannot be overridden by executive directives or political considerations.
The remarks follow recent comments attributed to President Samia, which have sparked debate across the region on the limits of state authority in managing civic movements, particularly youth-led protests and digital activism.
The LSK warned that any effort to suppress fundamental freedoms through regional alignment or state coordination would undermine both national constitutions and broader EAC commitments on governance and human rights.
“Constitutional rights are not negotiable,” the Society stated, adding that any attempt to erode them would be met with legal and institutional resistance, including recourse to courts and regional accountability mechanisms.
Kenya’s constitutional order, shaped by decades of pro-democracy struggles, places strict limits on state power, particularly in relation to civil liberties.
Courts have consistently upheld these protections, reinforcing the principle that limitations on rights must meet strict legal thresholds, including necessity, proportionality, and legality.
The LSK urged governments across the region to prioritise dialogue over coercion in responding to citizen demands, warning that suppressive measures risk escalating tensions and undermining public trust.
“The appropriate response to citizen engagement is dialogue, not deterrence,” the statement said.
The Society reaffirmed its commitment to defending constitutionalism and protecting civic space, signalling readiness to challenge any measures that threaten fundamental freedoms.
