The National Gender and Equality Commission (NGEC) has taken note of the events witnessed across the country on 25 June 2026 as Kenyans commemorated the anniversary of the 25 June 2024 protests and exercised their constitutional right to assemble, demonstrate, picket and present petitions to public authorities.

Article 37 of the Constitution guarantees every person the right, peacefully and unarmed, to assemble, demonstrate, picket and present petitions to public authorities. The exercise of this right is a legitimate expression of democratic participation and accountability.

The Commission equally recognizes the constitutional and statutory mandate of law enforcement agencies to maintain public order, protect life and property, and ensure public safety. That mandate, however, is neither absolute nor discretionary. It must be exercised strictly within the confines of the Constitution, the law and applicable human rights standards.

The Commission strongly condemns the manner in which a person with disability was arrested and handled during the demonstrations, as depicted in widely circulated images and video footage. The treatment meted out to the individual was degrading, discriminatory and inconsistent with the obligations imposed on State officers under
Articles 27, 28 and 54 of the Constitution.

Persons with disabilities are entitled to equal protection and equal benefit of the law. They are not to be subjected to differential treatment, unnecessary force, indignity or actions that disregard their disability-related circumstances and support needs. Law enforcement officers are under a heightened duty to take reasonable accommodation measures and to ensure that policing operations do not expose persons with disabilities to humiliation, injury or discriminatory treatment.

The conduct exhibited in this instance raises serious questions regarding compliance with constitutional standards, disability inclusion obligations and established policing procedures. The Commission expects a prompt, transparent and impartial inquiry into the incident and appropriate accountability measures against any officer found to have acted outside the law.

NGEC further calls upon law enforcement agencies to ensure that officers deployed during public assemblies are adequately trained and equipped to engage persons with disabilities and other vulnerable groups in a manner that safeguards dignity, equality
and non-discrimination.

Demonstrators equally bear responsibility to remain peaceful and unarmed and to refrain from conduct that threatens public safety or infringes upon the rights of others. The preservation of public order cannot, however, be used to justify conduct that diminishes the dignity of any person or results in discriminatory treatment.

Constitutional rights are not suspended during demonstrations. Neither public disorder nor operational pressure relieves State officers of their obligation to uphold equality before the law, protect human dignity and treat every person with fairness, restraint and professionalism.

The Commission remains committed to advancing equality, inclusion, human dignity and social justice for all.

HON. REHEMA JALDESA
CHAIRPERSON