University of Nairobi students protest at Anniversary Towers in Nairobi which houses Higher Education Loans Board (Helb) on February 3, 2025.
Protestors will be barred from making noise, including blowing vuvuzelas, whistling or blaring loud music, during street protests if amendments to the Public Order Act proposed by the National Police Service Commission (NPSC) are enforced.
The commission told the National Assembly Committee on Administration and Internal Security in a presentation on the proposed Demonstration Bill, 2024, that noise in any form should not be part of demonstrations.
The commission’s legal director James Nduna told the committee that noise by demonstrators not only affects those not participating in the demonstration but also encourages other people to join the protesters.
Mr Nduna argues that Article 37 of the Constitution provides for a peaceful demonstration and picketing hence the use of noise-making gadgets during demonstrations interferes with others who are going about their business.
Article 37 of the Constitution on assembly, demonstration, picketing and petition provides that “every person has the right, peaceably and unarmed to assemble, demonstrate, to picket and present petitions to public authorities.
“Those of us who have been to the USA, you realise that there is minimal noise. It’s not that there are no demos there, there are like 20 demonstrations that might be going on at the same time but you will rarely hear any noise,” Mr Nduna said.
Mr Nduna told the committee chaired by Narok North MP Gabriel Tongoyo that there should be a balance.
Demonstrators from Kenya National Association of the Deaf when they demonstrated on Kimathi Street February 6, 2013, demanding that all TV stations should have Kenyan sign language interpretation.
“There must be a way of separating noise from demonstrations so that we don’t have a group hiring a DJ to entertain people in town in the name of holding demonstrations,” Mr Nduna said.
“Let’s have demonstrators away from the noise,” he added.
The Commission Chief Executive OfficerPeter Lelei said the country faces a challenge when it comes to peaceful demonstrations hence the need for asking tough questions when it comes to how protests are handled in the country.
“Do demonstrations in Kenya lead to chaos and destruction of properties? the answer is with us,” Mr Lelei told the committee
Mr Lelei said it would be important for the country to consider making provisions guiding how demonstrations are held in the country.
The commission however said there is no need for a new Bill to address demonstrations in the country calling only for the amendment of the Public Order Act to align with the current reality.
“The commission believes that amending the Public Order Act to align with the international standards is the most efficient and effective way to address current concerns, rather than creating a new and separate Assembly and Demonstration Bill,” Mr Lelei said.
Mr Lelei said that any amendments should be aimed at ensuring clarity, protecting the rights of individuals, protection of police officers and improving accountability in public order management without introducing unnecessary complexity or duplication of existing laws.
In its proposal, the commission called on MPs to amend the clause that requires organizers of an assembly or demonstration to provide three to 14 days prior to the intended event to just two days.
The commission argues that a shorter notification period allows for quicker response to events balancing spontaneity with order.
Stringent measures
The Bill sponsored by Mbeere North MP Geoffrey Ruku seeks to provide stringent measures on those planning to call for demonstrations.
The Bill seeks to give the State sweeping powers to clamp down on Kenyans expressing their democratic right as provided in the Constitution through protests
The proposed legislation seeks to provide the conduct of an assembly or demonstration, providing the prohibitions during the event which include imposing conditions relating to public order, safety and protection.
The Bill seeks to repeal sections 5 and 6 of the Public Order Cap 56 and give police sweeping powers to prevent demonstrators from going to a different locations or from deviating from the route specified in their notice of demonstration.
“A person who contravenes the provisions of the conduct of assemblies or demonstrations commits an offense and shall on conviction be liable to a fine not exceeding one year or both,” reads the Bill.
The Bill also provides demonstrators with a tedious process of seeking permission from the police which includes three days prior notice and not more than 14 days to the event.
According to the Bill, any person who intends to hold an assembly or demonstration shall notify the regulating officer in advance by providing full names and physical address as well as those who will control the demonstrators.
Mr Tongoyo said they will listen to views from all stakeholders on the Bill and make appropriate recommendations to the House.
