Barely days after the Azimio la Umoja Coalition held a rally in Kamukunji, Mbeere North MP Geoffrey Ruku has drafted a Bill that seeks to regulate demonstrations in the country.
The Assembly, Demonstration, Picketing and Petition Bill, 2023 aims to enrich Article 37 of the Constitution and introduce measures to ensure public safety during protests.
Under the proposed Bill, participants involved in outlawed protests or assemblies could face up to one year of imprisonment. Additionally, the conveners of such protests would be held responsible for any damages incurred during the demonstrations.
The Bill also requires the appointment of marshals by the conveners to maintain control over the participants and ensure peaceful proceedings.
"We've seen violent demonstrations in the past; people have lost their lives, people have lost their property, and nobody has ever been held accountable," Ruku stated, emphasizing the need for accountability and regulation in protests.
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Currently, at the committee stage, the Bill empowers police officers above the rank of Inspector to intervene and prevent the holding of an assembly or demonstration if there is evidence of imminent danger or a breach of peace to the public.
"You can't destroy property in the name of demonstrations. We can't have a loss of lives in the name of demonstrations. For peaceful demonstrations to be achieved, there must be regulation," Ruku continued.
If passed, the Bill would impose restrictions on protestors, prohibiting them from carrying weapons, wearing clothing resembling that of police officers, and displaying banners or placards that may incite hatred.
The lawmaker defended the proposed legislation, highlighting the disruption caused by previous protests, such as the closure of schools, businesses, and the hindrance of public transport.
Ruku stressed that demonstrations should not impede the normal functioning of society and emphasized the importance of respecting the rights of both demonstrators and non-participants.
"Demonstrations should not make Kenyans unable to carry out their normal businesses. Schools should not close because of demos and public transport should not be disrupted," Ruku asserted.
"The Bill is to ensure your right to demonstrate is respected and the right of others not participating in the demos."
Interior Cabinet Secretary Kithure Kindiki also proposed changes to Article 37 of the Constitution in March, indicating the government's intention to introduce 10 amendments aimed at controlling protests.
These changes would include notification procedures, ensuring the protection of participants' rights by security agencies, designating specific assembly zones, and obliging public agencies to allocate zones for presenting petitions to public authorities.
The proposed Bill and the government's intentions reflect a growing recognition of the need to strike a balance between the right to peaceful assembly and the maintenance of public order and safety.
As discussions around the legislation continue, stakeholders and policymakers will carefully evaluate its potential impact on civil liberties and the overall well-being of society.
