A police officer engages with protesters demonstrating along Kenyatta Avenue in Nairobi during anti-Finance Bill demos on June 25, 2024.
A parliamentary committee has raised concerns over a Bill seeking to impose stringent measures on planning demonstrations, saying it risks limiting the constitutional rights of Kenyans.
The National Assembly Committee on Administration and Security after review of the Bill said there is nothing new in the proposed legislation as most of its contents are already provided in the current Public Order Act.
In a meeting on Tuesday, the committee chaired by Narok North MP Gabriel Tongoyo told the sponsor of the Bill to tread carefully to ensure that he strikes a balance between Article 24 of the Constitution which provides for limitations of rights and Article 37 that provides for the right to picket.
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.
Fundamental freedoms
Article 24 of the constitution on the imitation of rights and fundamental freedoms provides that “A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors,”
In seeking to limit the rights and freedoms of Kenyans take into account the nature of the right or fundamental freedom, the importance of the purpose of the limitation, the nature and extent of the limitation and the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others
A briefing done by the committee legal department pointed out that the only new thing the Bill contained in the Bill is the availability of field marshals by the demonstrators to control the crowd during demonstrations.
“The provision can be met by just amending the Public Order Act other than having a stand-alone Bill,” reads the legal brief.
Mbeere North MP Geoffrey Ruku who is the sponsor of the Assembly and Demonstration Bill, 2024 was appear before the committee to defend his Bill but did not show up as the committee was informed that he had ‘other commitments outside town”
Mr Tongoyo said they will schedule another meeting with Mr Ruku to inform him about the decision of the committee.
“We need to go back to the member and tell him to introduce this Bill as an amendment. We will wait for the member and give him the views of the committee,” Mr Tongoyo said.
Nyakach MP Aduma Owuor said some of the provisions of the Bill are already in the Public Orders Act while the new introductions will pose a challenge during implementation.
“It would be difficult to implement the provisions sought by the member,” Mr Owuor said.
“I concur with the legal briefing, some of these things that the member wants are already in the Public Order Act,” he added.
The Assembly and Demonstration Bill, 2024 seeks to give state sweeping powers to clamp down on Kenyans expressing their democratic right as provided in the constitution through protests
Public order
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.
