Kabogo: ‘Right to picket has limits’
Information, Communications and the Digital Economy Cabinet Secretary William Kabogo (left) accompanied by Data Commissioner Immaculate Kassait on July 4, 2025, during the launch of the Office of the Data Protection Commissioner’s (ODPC) Strategic Plan for 2025–2029 at Dedan Kimathi University of Technology (DeKUT) in Nyeri. Photo/Joseph King'ori
As murmurs of possible nationwide protests on Monday to mark Saba Saba Day gain momentum, the government has cautioned that the constitutional right to peaceful picketing must be exercised with responsibility and within the bounds of the law.
Information, Communications and the Digital Economy Cabinet Secretary (CS) William Kabogo said while freedom of expression and assembly is protected under the Constitution, it must not be used to incite violence or disrupt public order.
“This violence that you see in the country is not necessary. Even if we have freedoms enshrined in our Constitution, they have limits,” said Mr Kabogo.
“Picketing is allowed only when it is peaceful and protesters are unarmed. That's what the drafters of the Constitution intended,” he added.
Saba Saba Day, observed every 7th of July, commemorates the historic 1990 protests led by pro-democracy activists demanding the reintroduction of multi-party democracy during the era of the second President of Kenya, the late Daniel arap Moi. The movement marked a significant turning point in Kenya’s political landscape.
Speaking at Dedan Kimathi University of Technology (DeKUT) in Nyeri on Friday, Mr Kabogo also defended the government’s controversial decision to temporarily halt live television coverage during the June 25 Gen Z-led protests, saying the move was made to protect children from viewing violent content.
“When I appeared before the National Assembly, I made it clear that we suspended live TV streaming to protect children,” the CS said.
“The coverage went on from morning until around 2pm when violence escalated. With children at home watching, I felt it was necessary to shield them from such scenes,” he continued.
Mr Kabogo also warned media houses and online platforms against airing violent content, citing the role of the media in fueling past atrocities.
“You remember the genocide in Rwanda? It was propagated by radio. If we find you live-streaming violence, we will switch you off. This is the only country we have, and we must protect it while enjoying our freedoms responsibly,” he said.
He urged Kenyans to maintain peace, especially in politically charged times.
“Elections will come and go, but Kenya will always be there. Let us be a peaceful people,” he said.
Article 37 of Kenya's 2010 Constitution affirms that “Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket and to present petitions to public authorities.”
The CS was in Nyeri to officiate the launch of the Office of the Data Protection Commissioner’s (ODPC) Strategic Plan for 2025–2029.
He was accompanied by Data Commissioner Immaculate Kassait, who also presided over the opening of ODPC’s regional office in Nyeri town, making it the eighth in the country.
“It is important for Kenyans to know that their data, in the hands of the ODPC, is secure,” said Kabogo.
Ms Kassait said the opening of new regional offices aligns with the ODPC’s long-term goal of increasing accessibility and awareness around data protection.
“We've identified former regional headquarters to host our offices. We've deployed data controllers and processors to reach more Kenyans. Our aim is to expand to 13 regions nationwide, as outlined in the new Strategic Plan,” Ms Kassait said.
The Data Commissioner added that the ODPC, now in its sixth year, is proud of the impact it has made in safeguarding citizens’ privacy, and remains committed to ensuring that digital rights are upheld.
“As an office, we remain dedicated to ensuring that Kenyans’ right to privacy is protected. By 2029, we will be entering a new phase, but the foundation we have built sets the stage for how we will serve the public in the future,” Ms Kassait said.