MPs move to engage public on proposed new law targeting protesters

Members of Parliament have now moved to take a Bill that proposes tough measures against protesters to public participation.

The Bill, referred to as Assembly and Demonstration Bill 2024 is sponsored by Mbeere North MP Geoffrey Ruku is seeking to tighten regulations on public demonstrations across the country.

It also has provisions granting extensive powers to law enforcement authorities to curb protests deemed disruptive to public order. Among its provisions were stringent penalties, including fines of up to Sh100,000 and potential jail terms for violators.

In a public notice in one of the leading dailies, the National Assembly Clerk Samuel Njoroge invites members of the public to give their views on the Bill by way of memoranda. He asks the public to forward their views through postal address hand delivery via email before or on Monday 9, September 2024.

"Whereas, Article 118(1)(b) of the Constitution requires Parliament to facilitate public participation and involvement in the legislative and other business of parliament and its Committees, and Standing Orders (127) (3) of the National Assembly Standing Orders requires House Committees considering Bills to facilitate public participation, "notes the Clerk.

The Bill that falls under the National Assembly Administration and Internal Security lists the code of conduct for demonstrations, whereby banners, placards, speech or singing deemed to incite hatred on account of differences in culture, race, sex, language or religion is outlawed.

"Perform[ing] any act or utter any words that are calculated or likely to cause or encourage violence against any person or group of persons," the Bill states.

Other proposals

Other things the proposed legislation seeks to outlaw are wearing masks or anything that obscures a protester's face, clothes that resemble police and defence forces uniforms, and possessing weapons.

At the height of the anti-Finance Bill 2024 protest staged by youths against the government, the sponsor of the Bill, Ruku announced that he had listened to the people who he said are not interested in having new regulations on protests.

Ruku, a Democratic Party MP, then said he would be writing to the National Assembly Speaker Moses Wetang'ula to formally withdraw the proposed legislation.

"I have heard the voice of Kenyans and therefore decided to withdraw the Assembly and Demonstration Bill, 2024 (National Assembly Bills No. 28 of 2024). I will officially be writing to the Speaker of the National Assembly,'' Ruku posted on his X account.

Critics viewed this provision as quite restrictive on the constitutionally guaranteed right to peaceful assembly.

Ruku said the Bill was founded on the need to give effect to Article 37 of the Constitution and to enhance the safety and security of the protestors, non-protestors and businesses. "However, I have agreed with the will of Kenyans that the bill be withdrawn," he said.

Taking the Bill to public participation means that the lawmaker failed to withdraw the Bill as promised even after it sparked widespread criticism over its curtailing nature.