A screengrab of Bomet County Commissioner Ahmed Omar addressing the press on March 19, 2024.

In a recent crackdown by the government following disruptive incidents at political events, the arrest of two individuals in Bomet has sparked controversy over the limits of free speech and assembly. The incident, which occurred during a presidential function, has raised questions about the constitutionality of such actions and the government’s response.

Bomet County Commissioner Ahmed Omar announced the arrest of two suspects, with three others sought by the police, for their alleged involvement in heckling and booing during the event. This move, while aiming to maintain order and discipline, has ignited concerns about the infringement of citizens’ constitutional rights.

Article 33 of the Constitution of Kenya enshrines the right to freedom of expression, which includes the freedom to seek, receive, or impart information or ideas. However, the government’s actions in apprehending individuals for expressing dissenting views during a public gathering seem to contradict this fundamental right.

President Ruto’s intervention during the chaos emphasized the importance of respecting elected leaders and the electoral process. While his call for order is understandable, it is essential to recognize that criticism and dissent are inherent aspects of democracy.

The government’s response, led by Interior Cabinet Secretary Prof. Kithure Kindiki, signals a broader crackdown on disorder during political meetings. However, this approach risks stifling legitimate expressions of discontent and opposition, undermining the democratic principles Kenya upholds.

As the interrogation of the arrested individuals continues, it is imperative for the authorities to uphold constitutional rights and ensure that the legal process is fair and transparent. Balancing the need for order with the protection of civil liberties is a delicate task, one that requires a nuanced and principled approach.

In the ongoing debate surrounding the incident in Bomet, the tension between maintaining political stability and upholding constitutional freedoms remains unresolved. It serves as a reminder of the ongoing struggle to reconcile the exercise of power with the rights of citizens in a democratic society.

Authored by Joshua Kimani ACIArb