Freedom Of Movement

Search from Google defines Movement, or motion, as the state of changing something’s position – that is, changing where something is, or movement as an act of changing physical location or position which is also a Citizen’s right as captured in the Constitution of Kenya 2010, article 39. Every person has a right to freedom of movement. To that extent the right to movement can only be limited by law and to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.

Facilitation of movement as service provision supports commercial trade, and without movement of goods economies would come to a crumble. Many countries have codified laws to facilitate movement. There are also various international legal instruments which have codified the right to movement.

The right to movement can be limited by the government during state of emergency. This would ordinarily happen where governments are empowered to perform actions or impose policies that it would normally not be permitted to undertake. This would happen if there are civil unrest, natural disaster, medical pandemic or epidemic or biosecurity risk. Most countries at this time have imposed state of emergency over Covid-19 pandemic.

We are often told that the world is a global village. Human being are so interconnected and a slight disruption of movement often brings major disruptions as well in the world logistics. During the Covid-19 pandemic, the world has seen a lot of disruptions from the global supply chain. Major technology companies have suffered from locking down cities in China – the world mega kitchen due to lack of critical supplies. This has occasioned loss of revenue and has contributed to massive loss of income as well as jobs.

Movement has often been underrated. Movement provides the kinetic energy under which the world runs on. It is not by coincidence that the technological advancements have tried to address movement of goods and services across the globe. Various applications on the web have addressed this convenience to the right to movement in various ways. Some of the tech giants have leveraged on data to ease movement and to address hurdles caused by curtailing of the convenient movement of goods and services across the world.

Google Inc. for instance has a great technology on google maps which many other tech companies leverage on. Amazon has great technology hinged on robotics and analytical algorithms where supplies are delivered remotely. Uber is addressing the movement of people and foods services through Uber applications, and in Kenya, home grown companies like Ngamia Haulers Platform Limited is addressing gaps in transportation, logistics and supply chain through their value propositions of Convenience, Efficiency, Affordability, Security, and Efficiency – C.E.A.S.E. This is to mitigate the adverse effects caused by #covid19, #stayathome, #socialdistancing #selfquarantine at this moment in time. The right and freedom of movement is so sacrosanct that human beings have time and again grappled with the idea of controlling it. Policy Makers in most governments, scientists, engineers, technologists, thought leaders, and various professionals’ and domains experts are called upon to innovate and come up with solutions in aid of these kind of challenges in the 21st century and times of crisis – Wrath of God.

As we come to terms with the effects of covid-19 pandemic in this century where technology and information superhighway have made the world flat and a global village, it is time we reflect critically on the importance of the this right. Through innovation, the effect of curtailing the free movement may be mitigated through use of technology. Various mobile and web-technologies outfits have come up with several models of online commerce, electronic payment systems and other convenient ways of facilitating movements of supplies, productions through supply chain and logistics management. Ngamia Haulers Platform as one of the players in the ICT space also presents its cutting edge Ngamia Apps which definitely is a market disruptor and is of great importance in addressing the current scenario. Get these Apps for FREE from Google Play and follow us on all social media @NgamiaAfrica

In summary, technologists have to work together to provide local solutions to local problems while looking at the global trends of innovation and how things should be done with total governments support, investors, thought leaders and the legal fraternity.

By Sammy K. Muturi

Muturi S. K. & CO. Advocates


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