Public Service CS nominee Ruku defends protest Bill, says it aims to protect rights of all Kenyans
Ruku said the Bill’s primary goal is to balance the right to protest with the rights of other citizens who may not participate in such demonstrations.
Public Service Cabinet Secretary nominee Geoffrey Ruku has dismissed claims that his proposed Assembly and Demonstrations Bill 2024 seeks to undermine Kenyans’ right to protest.
Appearing before the National Assembly's Committee of Appointments during his vetting to assume office as Public Service Cabinet Secretary on Monday, Ruku clarified that the Bill is intended to promote public order, not restrict fundamental freedoms.
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He maintained that the proposed legislation does not infringe on constitutional rights.
“The bill, from where I stand, does not limit rights. As far as Article 24 of our Constitution is concerned, it talks about the rights that cannot be limited and the limitations of rights and fundamental freedoms. Assembly and demonstration is not one of the rights listed in Article 24 as absolute,” he said.
Ruku said the Bill’s primary goal is to balance the right to protest with the rights of other citizens who may not participate in such demonstrations.
“What this Assembly and Demonstration Bill is trying to achieve is the protection of the rights of other persons—those who may not take part in demonstrations, assemblies, picketing or the presentation of petitions to public authorities,” he explained.
“They also have a right to enjoy the natural state of their environment, to conduct business without interference, to go to hospital without obstruction. Our children must also be able to go to school without any hindrances.”
Ruku lamented that some protests in the past have led to school closures, loss of life and destruction of property. He stressed that no life or property should be lost due to demonstrations.
“We have lost lives in demonstrations. No lives should be lost because of a demonstration. No property should be destroyed because of demonstrations. Children of the Republic of Kenya should go to school when schools are open. We have seen schools getting closed because of demonstrations,” he said.
He said the Bill was intended to uphold both the right to demonstrate and the rights of others who are not involved.
“It is trying to balance the two—the rights of those demonstrating and the rights of those not participating, especially the sick, the elderly and our children.”
Citing Article 37 of the Constitution, which guarantees the right to assemble, demonstrate, picket and present petitions to public authorities, Ruku reminded MPs that the law provides two conditions for this right to be exercised: that demonstrations be peaceful and unarmed.
“Honourable Speaker, we have seen armed and violent demonstrations in this country. For instance, a week ago, we saw doctors demonstrating at the gate of the National Assembly. It was peaceful and unarmed. That is what the Constitution talks about. Such demonstrations are encouraged and protected under Article 37,” he said.
He contrasted this with instances where demonstrations have turned chaotic.
“We have seen the destruction of superhighways, loss of lives, supermarkets across the Republic vandalised—including one owned by an Honourable Member from Kieni. Such demonstrations, where national infrastructure is destroyed and lives are lost, are not envisioned by our Constitution.”
Ruku pledged to uphold the values outlined in Article 232 of the Constitution, which outlines the principles of public service.
“I want to assure Kenyans that I will uphold and abide by Article 232 of our Constitution,” he said.
“Previously, I served and safeguarded the interests of the people of Mbeere North. If approved, I will extend that same dedication to all Kenyans—serving without fear or favour.”
“From Turkana to Mandera, every citizen deserves efficient service delivery. I will remain non-partisan, prioritising the needs and welfare of the Kenyan people above all else,” he added.
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