Kenya: Online Uproar After Kibwana Says Tattoo Restrictions in Military Violate Constitution

Nairobi — Newly appointed Senior Counsel Prof. Kivutha Kibwana has sparked debate online after arguing that disqualifying Kenyans from joining the defence forces over tattoos amounts to unconstitutional discrimination.

The former Cabinet Minister and Makueni Governor argues that such a move is a violation of Article 27(4) of the Constitution.

Kibwana said barring tattooed applicants violates protections against discrimination on grounds including conscience, belief, culture and dress.

"It is discriminatory practice and therefore unconstitutional to disqualify a Kenyan from admission into the defence forces for wearing a tattoo," he said.

However, the remarks triggered swift backlash from netizens, many of whom argued that the military operates under strict standards that justify limits on personal expression.

Former Nyamira Senator Okongo Mong'are said constitutional rights must be interpreted within context, particularly when applied to disciplined forces.

"The Defence Forces are a unique institution where discipline, uniformity, appearance and combat readiness are integral," Mong'are said, adding that the Constitution allows for reasonable limitations on rights.

"Tattoos relate to uniform standards, not conscience or belief. This is a justified exception," he added.

Political activist Benji Ndolo wrote: "But you must have standards and norms, especially in the disciplined forces."

Another user, Mbesya Mbesya, warned against what he termed excessive constitutional activism.

"You can't apply activism everywhere. Let's stick to the laid-down recruitment procedures for disciplined forces," he said.

Kibwana did recieve support from other users who called for the security agencies need to step way from their rigid norms.

Namuye Snr wrote: "American forces are the most tattooed men and women in uniform and they run one of the powerful armies in the world. Tattoos having absolutely nothing to do with discipline and performance."

Another user Elijah Abebe said, "so excluding a culturally tattooed Turkana or Samburu is part of these limitations and it's fair and just?"

"How does the sporting of a tattoo impair a uniformed officer's capacity to perform his/her duties?" John Muiruri posed.

Read the original article on Capital FM.