Making constitutional amendments to solve short term problems without considering the long term effects can be adversely consequential to any state. The recently proposed amendment to the Public Order Act could in the long run infringe the rights of Kenyan citizens if not well framed. The amendment which is sought to address the problem of noise, whistling and use of vuvuzelas during protests could unprecedentedly violate Article 37 of the constitution in the long run.
The amendment was proposed by the National Police Service Commission in an attempt to regulate noise levels during the oft demonstrations in Kenya. However the amendment might in the long run especially if not well structured violates Article 37 which gives individuals the right to demonstrate and present petitions before relevant authorities peaceably and unarmed. Noise and whistling is an inseparable act of demonstrations inorder to attract attention and can harm no one. The only limitation to this right can only be reasonable and justifiable in a democratic society. If the amendment is to be done then it must be well explained to avoid possible violation of the Rights of citizens.
In conclusion, this amendment as equally as other amendments requires a circumspect approach before it is passed to become a law inorder to maintain the double edged aspect of the law.
Lucy Kihara
Laikipia university
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