NAIROBI, Kenya — The Law Society of Kenya (LSK) has issued a comprehensive advisory to guide citizens on how to safely navigate arrests and participate in protests, as public mobilization gains momentum ahead of the first anniversary of the June 2024 Gen Z-led demonstrations.
The guidelines come in the wake of public outrage over the recent death of Albert Ojwang, a teacher who died in police custody following his arrest in Homa Bay County.
The incident has triggered calls for accountability and revived discussions about police conduct and the right to protest.
LSK President Faith Odhiambo urged Kenyans to be aware of their constitutional rights while exercising restraint and responsibility during encounters with police.
“Let us be mindful of our rights and safety and that of others as we express and fulfil our rights,” Odhiambo said in the statement shared over the weekend.
What to Do If You’re Arrested
The advisory outlines practical steps for individuals during an arrest, urging them to remain calm and avoid resisting officers.
LSK says individuals should request identification from police officers and refrain from making self-incriminating statements.
Other key rights highlighted include:
- The right to remain silent
- The right to know the reason for arrest
- The right to legal counsel
- The right to avoid signing any documents without a lawyer present
LSK also encouraged citizens to discreetly record details of the arrest, including time, location, and officer names, and to report any misconduct to their lawyer or relevant authorities.
Crucially, the society warned against actions such as insulting officers, attempting to flee, offering bribes, or resisting arrest, noting that such conduct could escalate the situation and lead to further legal consequences.
Protest Guidelines: Peaceful, Legal, and Accountable
Anticipating possible demonstrations in the run-up to June 25 — the day Gen Z protesters last year took to the streets against the controversial Finance Bill — the LSK has also released a protest conduct guide.
Demonstrators have been urged to:
- Stick to peaceful chants, songs, and marches
- Remain within designated protest zones
- Protest only between 6am and 6pm
- Move in groups for safety and accountability
- Avoid provoking police or threatening non-protesters
- Refrain from damaging property or carrying weapons
The LSK also cautioned against the spread of hate speech, incitement, and misinformation, stating that such actions could turn legal demonstrations into criminal offences.
“Exercising this right must be done in a manner that does not endanger others or breach public order,” the advisory reads.
The society emphasised that while the right to protest is protected by the Constitution, it is not absolute and must be exercised within the confines of the law.
Legal Aid for Protest-Related Arrests
To support citizens who may be arrested or face legal challenges during demonstrations, LSK has activated a toll-free legal aid hotline.
The number is available to anyone seeking immediate legal assistance during protests or police encounters.
The move by LSK is being seen as a proactive effort to protect civil liberties and ensure legal safeguards are accessible as Kenyans prepare to mark one year since the Gen Z movement emerged as a vocal force in national affairs.
