Stakeholders Reject Assembly And Demonstration Bill, Call It Unconstitutional

Key government agencies and civil society groups have strongly opposed the Assembly and Demonstration Bill (National Assembly Bill No. 28 of 2024), arguing that it contradicts constitutional provisions on the right to protest.

The bill, sponsored by Mbeere North MP Geofrey Ruku, seeks to regulate public assemblies, demonstrations, picketing, and petitions while giving effect to Article 37 of the Constitution, which guarantees these rights.

It also proposes new regulations, including allowing authorities to impose conditions on protests and permitting organizers to seek legal redress in case of restrictions.

However, during a consultative meeting with the National Assembly’s Committee on Administration and Internal Security, key stakeholders—including the National Police Service (NPS), National Police Service Commission (NPSC), Independent Policing Oversight Authority (IPOA), Kenya National Commission on Human Rights (KNCHR), and civil society organizations—rejected the bill in its entirety.

NPSC and IPOA argued that existing laws, such as the Public Order Act, already provide sufficient guidelines for managing public gatherings.

They warned that introducing a new law could lead to legal inconsistencies and excessive restrictions on peaceful protests.

KNCHR and civil society representatives raised concerns that the bill would grant the police excessive powers while limiting citizens’ ability to exercise their constitutional rights. They emphasized that law enforcement should facilitate rather than suppress demonstrations.

Lawmakers sought clarification on whether amendments could address these concerns, but stakeholders insisted that the bill should be withdrawn altogether.

They recommended incorporating any necessary reforms into the ongoing review of public order regulations instead of creating a separate law.

Committee Chair Gabriel Tongoyo acknowledged receiving over 1,300 submissions on the bill, assuring stakeholders that their views would be considered in the final report to Parliament.

MPs George Kaluma and Rozaah Buyu commended civil society groups, particularly the youth, for actively participating in the discussions.

“This Committee is enriched by your submissions. You should take every opportunity you get to attend and contribute in such stakeholder engagements”, Kaluma urged.