
The National Police Service (NPS), the National Police Service Commission (NPSC), the Independent Policing Oversight Authority (IPOA), Kenya National Commission on Human Rights (KNCHR) and eleven (11) other civil societies have rejected the Assembly and Demonstration Bill (National Assembly Bill No. 28 of 2024) in totality.
The Bill sponsored by Hon. Geofrey Ruku (Mbeere North) seeks to provide legal framework for the regulation of assemblies, demonstration, picketing and petitions. It further intends to give effect to Article 37 of the Constitution which provides for the right to assembly, demonstration, picketing and petitions.
Article 37 of the Constitution and Cap. 56. (Section 5) of the Public Order Act provides for the regulation of public meetings and processions.
The proposed law however seeks to introduce new aspects into the laws governing assemblies, as well as create a separate law specifically governing the conduct of assemblies and demonstrations.
The move is geared towards allowing a regulating officer to specify conditions for holding an assembly or demonstration, permitting a convener to apply to the High Court to set aside or vary conditions, or to set aside a prohibition to an assembly, among others.
During a consultative meeting with the Committee on Administration and Internal Security Chaired by Hon. Gabriel Tongoyo (Narok West), key stakeholders, including Government Agencies and civil society organizations, raised serious concerns about the proposed Assembly and Demonstration Bill, 2024.
The meeting, attended by representatives from the Independent Policing Oversight Authority (IPOA), the National Police Service (NPS), the National Police Service Commission (NPSC), the Kenya National Commission on Human Rights (KNCHR), and various civil society groups, focused on the implications of the Bill with regard to public order and constitutional rights.
The NPSC and IPOA strongly opposed the Bill, arguing that existing legal frameworks sufficiently regulate public gatherings. They pointed out that the Public Order Act, which is currently under review, already provides a structured approach for managing demonstrations, making the proposed legislation unnecessary.
Additionally, they cautioned that the Bill could create legal conflicts and inconsistencies within the law.
Representatives from KNCHR and civil society groups raised alarm over the Billβs potential to infringe on fundamental rights, particularly the freedom of assembly and expression.
They noted that the Bill appeared to grant excessive powers to the police while significantly restricting the ability of citizens to organize and participate in peaceful protests. According to KNCHR, the role of law enforcement should be to facilitate the demonstrations, as guaranteed by the Constitution.
Committee Members sought clarity on whether amendments to the Bill could address these concerns. However, stakeholders unanimously insisted that withdrawing the Bill entirely was the best course of action. They emphasized that any necessary reforms should be incorporated into the ongoing review of public order regulations rather than introducing a new law that could lead to duplication.
Hon. George Kaluma while giving his reviews acknowledged the importance and need of the stakeholder engagement noting that the deliberations had been enriched by the submissions and encouraged members of the civil societies mainly comprising of the youth to get involved in such engagements.
β This Committee is enriched by your submissions. You should take every opportunity you get to attend and contribute in such stakeholder engagementsβ, urged Hon. Kaluma
Hon. Rozaah Buyu (Kisumu West) applauded the youth saying that their views were quite insightful and full of knowledge.
The Committee Chairperson, in his closing remarks thanked the stakeholders for honoring the invitation and assured them that their views would be considered when the Committee retreats to write its report to the House.
β The Committee received more than 1,300 views in regard to the proposed legislation . All these views will be taken into consideration and will form part of the Committeeβs reportβ, noted Hon. Tongoyo.