The proposed Assemblies and Demonstrations Bill, 2024, introduced by Mbeere North MP Geoffrey Ruku, has sparked widespread national outrage, with numerous rights agencies and the Independent Police Oversight Authority (Ipoa) calling for its immediate withdrawal. The bill, aimed at regulating public demonstrations, has faced severe criticism for curbing fundamental freedoms, including the right to peaceful assembly.
Ipoa, along with the Kenya National Commission on Human Rights (KNCHR) and the National Police Service Commission (NPSC), appeared before the National Assembly’s Committee on Administration and Internal Security to express their opposition to the bill. The agencies termed the proposal unnecessary and retrogressive, with Ipoa’s Chief Executive Officer, Elema Halake, stating that it infringes on constitutional rights, particularly Article 37, which guarantees the right to peaceful assembly and protests.
The bill, introduced in the wake of youth-led protests, aims to tighten regulations surrounding public demonstrations by granting law enforcement authorities significant powers to control protests deemed disruptive to public order. Among its provisions are heavy fines of up to Sh100,000 and potential jail terms for violators, along with strict pre-event notification requirements. These provisions have been widely seen as a violation of constitutional rights.
Critics, including Ipoa and KNCHR, argue that the bill would give too much authority to the state, making it easier to abuse the power to regulate demonstrations. KNCHR commissioner Prof. Marion Mutugi emphasized that while the state has a responsibility to maintain peace and order, organizers should not be tasked with assisting the police in fulfilling this duty.
Ipoa called for a more measured approach, suggesting that amendments to the existing Public Order Act, based on the recommendations of the Maraga Taskforce Report, would be a more effective solution. The report already provides a comprehensive framework for managing public assemblies and demonstrations, and Ipoa warned that passing the new bill could derail the ongoing process of improving public order management.
The bill’s provisions, particularly the stringent penalties and the notification requirements, have raised concerns about limiting the public’s ability to exercise their constitutional right to protest. While Ruku, the bill’s sponsor, argued that the legislation would enhance the safety and security of both protesters and the public, critics remain unconvinced, urging lawmakers to reconsider the bill in favor of reforms that align with Kenya’s human rights commitments.
