Rights groups say proposed law to regulate demos could be used against peaceful protesters
The stakeholders insisted that any necessary adjustments to public order laws should be made through amendments to existing legislation rather than through the introduction of an entirely new law.
The National Police Service (NPS), the National Police Service Commission (NPSC), the Independent Policing Oversight Authority (IPOA), the Kenya National Commission on Human Rights (KNCHR), and 11 other civil society organisations have rejected a Bill seeking to regulate demonstrations.
During a consultative meeting convened by the National Assembly’s Committee on Administration and Internal Security in Nairobi on Tuesday, the stakeholders voiced their strong opposition to the Assembly and Demonstration Bill (National Assembly Bill No. 28 of 2024), introduced by Mbeere North MP Geofrey Ruku.
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It seeks to establish a legal framework for regulating assemblies, demonstrations, picketing, and petitions. However, stakeholders argued that the proposed legislation contradicts constitutional provisions that guarantee these rights.
"The Bill risks introducing measures that could be weaponised against peaceful protesters, limiting their ability to freely assemble. This goes against our mandate to ensure police accountability and the protection of civil liberties," noted IPOA.
Additional layers of regulation
Concerns were also raised that the Bill aims to introduce additional layers of regulation beyond what is already stipulated under Article 37 of the Constitution and the Public Order Act. Critics argue that the current legal framework sufficiently governs public gatherings, making the new Bill not only unnecessary but also potentially repressive.
IPOA and NPSC firmly maintained that the Public Order Act, which is currently under review, already provides a comprehensive structure for managing assemblies and demonstrations, negating the need for additional legislation.
Meanwhile, the KNCHR warned that if enacted, the Bill would disproportionately empower law enforcement authorities while significantly limiting the ability of citizens to engage in peaceful demonstrations.
"The proposed law seeks to shift the burden of ensuring order entirely onto the public while giving security agencies unchecked powers. This could lead to a culture of suppression rather than protection of fundamental freedoms," stated KNCHR.
Although members of the committee sought to understand whether specific amendments could resolve stakeholders' concerns, the overwhelming consensus was that the Bill should be entirely withdrawn.
Amend existing legislation
The stakeholders insisted that any necessary adjustments to public order laws should be made through amendments to existing legislation rather than through the introduction of an entirely new law that could lead to redundancy and legal contradictions.
Homa Bay Town MP Peter Kaluma acknowledged the importance of engaging stakeholders, noting that the deliberations had been enriched by their input. He said young people should be encouraged to take part in such policy discussions.
"This committee is enriched by your submissions. You should take every opportunity you get to attend and contribute to such stakeholder engagements," Kaluma said.
Kisumu West MP Rozaah Buyu commended the youth for their active participation, describing their contributions as insightful and well-informed.
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On his part, Narok West MP Gabriel Tongoyo, who chaired the meeting, assured participants that their views would be taken into account as the committee writes its report.
"The committee received more than 1,300 views in regard to the proposed legislation. All these views will be taken into consideration and will form part of the committee's report," he said.
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