Mudavadi: Right to demonstrate must be within the confines of the law

Foreign Affairs Minister Musalia Mudavadi has defended the government's response to the June 25 protests, telling members of the diplomatic corps that while the right to protest is enshrined in the Constitution, it must be exercised within the bounds of the law.

In a post-demo briefing, Mudavadi said the commemorative protests held to honour victims of the 2024 anti-Finance Bill demonstrations had degenerated into widespread violence, looting, and destruction of property, including attacks on public infrastructure and law enforcement facilities.

“To condone such violence as legitimate protest is certainly not in the spirit of Kenyans’ national interest,” Mudavadi said.

Special Diplomatic Update. pic.twitter.com/oOwk7TT24w — Musalia W Mudavadi (@MusaliaMudavadi) June 26, 2025

He reiterated that Article 37 of the Constitution grants Kenyans the right to assemble and demonstrate peacefully, but emphasized that this right comes with responsibilities. He further cited Article 33, which protects freedom of expression but expressly excludes hate speech, incitement to violence, and advocacy of hatred.

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“Organisers bear the responsibility to ensure that demonstrations remain peaceful yet to date, there is ambiguity around who organized the events and whether they met the legal requirements expected under the law," he stated.

Mudavadi told the diplomats that while the original intent of the demonstrations may have been legitimate, the protests were infiltrated by opportunistic and self-serving actors who turned them violent, thus eroding their credibility.

“It is evident that, at a certain point, the demonstrations were co-opted by elements pursuing ulterior, self-serving agendas,” he said.

Responding to international calls for restraint and respect for constitutional freedoms, the Prime Cabinet Secretary emphasized that the government remains committed to upholding the rights of all citizens. 

“Violence has no place in our society; we cannot hide behind the excuse of protest to justify unlawful actions," he said.

The statement comes amid growing domestic and international scrutiny over the state's response to the June 25 demonstrations, which civil society groups claim were met with excessive force.