How New Bill Aims to Stifle Protests Through Harsh Penalties

The Kenyan government's proposed Assembly and Demonstration Bill, 2024, has sparked widespread concern among citizens and legal experts alike.

Introduced by Mbeere North MP Geoffrey Ruku, the bill seeks to regulate public gatherings, granting the authorities broad powers to suppress citizens' constitutional right to peaceful protest. The legislation outlines stringent guidelines for organizing assemblies or demonstrations, including imposing restrictions on grounds of public order, safety, and the protection of individual freedoms. Notably, it seeks to revoke sections 5 and 6 of the Public Order Act, empowering police officers to prevent demonstrators from changing locations or deviating from the specified route.

One of the bill's most contentious provisions stipulates that violators of the regulations governing assemblies or demonstrations would be committing an offence and could face a fine not exceeding Sh 100,000 or imprisonment for a period not exceeding one year, or both. Critics argue that this measure imposes unnecessary constraints on the constitutional right to assemble and protest peacefully, as outlined in Article 37 of the Kenyan Constitution. The proposed legislation introduces a more cumbersome procedure for organizing public gatherings as it requires demonstrators to provide three days' prior notice and receive approval within 14 days of the event.

Additionally, organizers must disclose personal details such as full names and addresses, as well as provide information about crowd control measures. The regulating officer would also have the authority to impose conditions related to public safety, order, and the protection of individual rights. The Cabinet Secretary would be empowered to issue regulations that could potentially limit fundamental freedoms, further exacerbating concerns about the bill's potential impact on citizens' rights. Proponents argue that the legislation aims to restore the public's fundamental right to gather and demonstrate peacefully, preventing authorities from arbitrarily curtailing citizens' freedom of assembly.

The Law Society of Kenya (LSK) has strongly condemned recent incidents where local law enforcement officials have abruptly prohibited protests in Nairobi and Mombasa, despite organizers providing advance notice. In Nairobi, the 'OccupyParliament' protests against the Finance Bill were disrupted by police, leading to clashes and the use of teargas. The LSK president Faith Odhiambo describes this police action as a blatant disregard for the constitutional right to peaceful protest.

A similar situation occurred in Mombasa County where demonstrations were held against the Finance Bill. Busia Senator Okiya Omtatah has sparked a discussion about the bill, emphasizing the importance of upholding the Constitution's integrity and citizens' democratic right to protest.