Police officers managing a peaceful public gathering in Nairobi/AI ILLUSTRATION

The National Police Service (NPS) has reaffirmed its constitutional mandate and called on the public to maintain order during public meetings and processions, citing the need to balance the right to assemble with legal requirements to maintain public safety and security.

In a statement issued by the Office of the Inspector General on April 24, 2026, the Service said it is a National Security Organ established under Article 243 of the Constitution and operates under functions outlined in Article 244.

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It further noted that Article 244(c) obligates the Service to comply with constitutional standards on human rights and fundamental freedoms.

At the same time, the NPS acknowledged that citizens have the right under Article 37 of the Constitution to assemble, picket and present petitions to public authorities, provided such activities are conducted peaceably and unarmed.

However, the Service stressed that these rights are not absolute, citing Article 24, which provides for limitations on rights and fundamental freedoms where such restrictions are reasonable and justifiable in an open and democratic society, particularly in the interests of public order, public safety, and the protection of the rights of others.

The statement further referenced the Public Order Act Cap. 56(5), which sets out conditions that must be met before organising a public meeting or procession.

According to the law, such gatherings are to be held between 6.00 a.m. and 6.00 p.m.

Organisers are also required to submit a notice to the relevant regulating officer at least three days before the proposed event, but not more than fourteen days in advance.

The NPS further stated that organisers must provide full names and physical addresses when notifying authorities of intended public meetings or processions.

They are also required to indicate the proposed date of the event, as well as the intended site of the meeting or, in the case of a procession, the planned route.

In addition, the Service noted that organisers of public meetings or processions remain accountable for the conduct of participants.

They are expected to cooperate fully with law enforcement officers at all times to ensure that events are conducted within the confines of the law and in a manner that does not compromise public order or safety.

In its advisory to the public, the National Police Service urged citizens to exercise their constitutional rights responsibly and within the framework of the law. It said that adherence to legal requirements is essential in maintaining peace, security and respect for constitutional order during public gatherings.

The Service emphasised its continued commitment to serving and protecting the public in accordance with its constitutional mandate. It also called for cooperation from members of the public in the discharge of its duties, stating that such collaboration is necessary in ensuring the effective fulfilment of its role in safeguarding the country’s security and upholding the rule of law.

The statement was signed by Muchira Nyaga, Director of Corporate Communication and Spokesperson for the National Police Service.