The June 25th commemorative protests once again placed the relationship between citizens and law enforcement at the centre of national conversation. For many young Kenyans, the protests were more than a political event—they became a lived experience of what it means to exercise constitutional rights in today’s Kenya.

Against this backdrop, MuYI Hub hosted this week’s Coffee Bar, bringing together 18 young people for an open conversation on Article 37 of the Constitution of Kenya and what every citizen should know before, during, and after participating in a peaceful protest.

Starting with the Constitution

The session began with introductions, followed by a simple question:

“How many of you attended the June 25th commemorative protests?”

Only four participants had taken part. Among them was one participant who had been arrested during the demonstrations, taken to court the following day, and released on 26th June.

Rather than beginning with opinions, the discussion started where every conversation about rights should—with the Constitution itself.

Participants read Article 37, which provides that every person has the right, peacefully and unarmed, to assemble, demonstrate, picket, and present petitions to public authorities.

For many participants, it was the first time they had read the Article in full.

As the discussion progressed, participants also examined other legal provisions commonly cited during arrests, comparing them with the constitutional protections guaranteed under Article 37. A recurring observation was that while the Constitution strongly protects peaceful assembly, police officers often rely on public order laws to justify arrests and the use of force, raising important questions about how these laws are interpreted and applied in practice.

When the Conversation Became Personal

The legal discussion quickly evolved into something much more personal.

Almost every participant had either experienced police harassment themselves or knew someone who had.

One participant described being arrested simply for asking officers why they were being detained. Others spoke about being physically assaulted after questioning police actions. Several shared experiences of being arrested despite committing no offence, only to later discover they had been booked under broad offences such as being drunk and disorderly, allegations they strongly disputed.

Perhaps the strongest concern raised was the issue of extortion.

Participants explained that many arrests appear designed to waste people’s time rather than pursue justice. Spending a night or several days in custody can mean missing work, losing income, or even risking employment. Faced with those consequences, many people feel pressured to pay bribes simply to secure their release.

The discussion highlighted how fear—not guilt—is often what drives corruption.

Understanding Your Rights Can Protect You

One of the session’s key messages was that knowing your rights can significantly reduce panic during an arrest.

Participants discussed the rights guaranteed under Article 49 of the Constitution, including the right to know why you have been arrested, the right to communicate with a lawyer or another person of your choice, and the right to be brought before a court within 24 hours.

The group emphasized one practical lesson that every citizen should remember:

Always find out what offence you are being booked for at the police station.

Knowing the exact charge can make it easier for lawyers, family members, and human rights defenders to provide assistance.

At the same time, facilitators encouraged participants to remain calm during arrests. While citizens have the right to question unlawful actions, unnecessary confrontation with police officers often leads to an additional charge of resisting arrest, whether justified or not.

Knowing your rights is important—but exercising wisdom is equally important.

Who Really Commands the Police?

One question sparked an especially lively debate.

If the Constitution says the National Police Service is independent, why do the President and the Cabinet Secretary regularly issue public instructions to police officers?

To answer this, participants turned once again to the Constitution.

They examined Article 245, which establishes the independence of the Inspector-General of the National Police Service.

Article 245 makes it clear that no person may direct the Inspector-General on how to investigate a specific offence, enforce the law against a particular individual, or make operational decisions regarding police officers. While the Cabinet Secretary responsible for security may issue general policy directions, operational policing decisions are constitutionally meant to remain independent.

This distinction between policy leadership and operational independence generated thoughtful discussion about whether these constitutional safeguards are consistently respected in practice.

A Firsthand Experience of Arrest

One of the most powerful moments of the evening came when Ngolo, who had been arrested during the June 25th protests, shared his experience.

He recalled hearing officers shout, “Shoot him! Shoot him!” as he attempted to flee. Realizing escape was no longer possible, he surrendered and was bundled into a police Subaru before being taken to Kamukunji Police Station.

Despite the fear and confusion, Ngolo remembered one lesson from previous civic education sessions: before anything else, confirm what offence you have been booked under.

After confirming the charge, he immediately contacted fellow human rights defenders to notify them of his arrest.

He was presented before court the following day and released without further detention.

His experience demonstrated how civic education can make a real difference during moments of crisis.

Clearing Up Common Misconceptions

Another important discussion centred on widespread misconceptions about arrests and criminal records.

Many participants believed that simply being arrested or appearing in court would permanently affect their record or prevent them from obtaining a Certificate of Good Conduct.

The session clarified that an arrest does not automatically result in a criminal record. Likewise, appearing in court for a minor offence does not automatically affect a person’s future employment opportunities or eligibility for a Certificate of Good Conduct. What matters is the outcome of the legal process, particularly whether there is a conviction.

For many participants, this was reassuring information that challenged fears they had carried for years.

Protest Is Not the Same as a Riot

Participants also explored the legal distinction between a peaceful protest, a demonstration, and a riot.

The discussion highlighted that Article 37 protects peaceful assemblies, while police use of force must comply with the law and should be proportionate to the circumstances. Participants reflected on the 2024 anti-Finance Bill protests, observing that although many demonstrations were peaceful, incidents of looting by criminal elements were later used to justify broader crackdowns on protesters.

The group agreed that the unlawful actions of a few individuals should never be used to deny constitutional protections to those protesting peacefully.

Looking Ahead

One clear recommendation emerged from the discussion: future Coffee Bar sessions should include legal professionals who can explain arrest procedures, court processes, bail, criminal records, and constitutional rights in greater detail.

There was also consensus that civic education remains one of the most effective tools for empowering young people to participate confidently and responsibly in democratic processes.

Knowing Your Rights—and Using Common Sense

The conversation concluded with an important reminder.

While understanding the Constitution is essential, knowing your rights does not replace common sense.

Participants acknowledged that many citizens continue to encounter corruption, abuse of power, and unlawful policing. In such situations, remaining calm, documenting events where possible, seeking legal support, and avoiding unnecessary confrontation can often provide the safest path to justice.

Coffee Bar continues to provide a safe space where young people can ask difficult questions, share lived experiences, and deepen their understanding of the Constitution. As Kenya continues to grapple with questions of governance, policing, and civic participation, these conversations remain more important than ever.

Because an informed citizen is not only better protected—but also better equipped to protect the rights of others.