We, the Kenya National Commission on Human Rights (KNCHR) wish to question the constitutional legitimacy and legal basis of the Police Commissioner, Major General Hussein's decree barring anyone from holding political rallies after the just concluded general elections.

We have learned from media reports that the Police Commissioner issued this decree before the just-concluded elections. The Government spokesperson has subsequently reinforced these orders by repeatedly making this announcement in the media.

We wish to state here that these orders are illegal, and violate the fundamental freedoms of association, freedom of movement and freedom of expression, guaranteed in both the Constitution of Kenya and international instruments which Kenya is signatory to. In any case, if all public gatherings have been bannned, how will the elected members of Parliament appeal to their constituents to stop the violence?

We understand the Police Commissioner may be concerned about the state of security in the country. However, to issue such orders and decrees not only contravene the law, but only serve to aggravate the situation further.

Rather than arbitrarily ban the Orange Democratic Movement (ODM) Rally scheduled for Thursday 3rd January 2008, we appeal to the Police Commissioner to seek assurance and commitment from the convenors of the rally that their supporters will maintain peace and order during the rally. We also appeal to the Police and security agents to provide adequate security during the rally.

The National Commission has learnd that in the interest of security, the Government has ordered curfews in Kibera, Migori, Mathare, Kisumu and Eldoret. Whereas this is provided by law in tense security situations, the Police Commissioner should publicly make an announcement to this effect in order to bring this to the notice of all persons affected.

Further, the curfews should be conducted in a humane manner that allows the persons affected to access food and other social amenities.

We also appeal to the police and security agents to handle the situation with utmost caution, while ensuring the security of all without taking sides.

* Maina Kiai is Chair of the Kenya National Commission for Human Rights

* Please send comments to or comment online at http://www.pambazuka.org/