Parliament has passed the proposed new bill to control public demonstrations in Kenya by Geoffrey Ruku, the Mbeere North Member of Parliament.
The bill says that organisers must notify authorities 3–14 days in advance, including their full names, the protest’s address, the intended route, and the proposed date.
Geoffrey Ruku, the Mbeere North Member of Parliament, sponsored the Assembly and Demonstrations Bill, 2024. The Assembly and Demonstrations Bill 2024 delineates the necessary conditions for organising an assembly to safeguard public safety and property.
Following the legislation, every person who intends to stage a demonstration is required to provide notification to the authorities between three and fourteen days in advance.
The notice must include the organiser’s full name, the actual location of the planned demonstrations, the planned route, and the suggested assembly date.
The organiser may also request police to maintain order during demonstrations.
If another organisation has already reserved a venue for a gathering, the police officers are required to notify the organiser.
To assist the authorities in maintaining peace and order throughout the demonstration, the person who organised the gathering must stay present during the whole event.
An officer with a level higher than that of an inspector has the authority to decline to participate in a scheduled demonstration if the demonstration is in violation of the law or if it poses an imminent threat to the lives of individuals, as stipulated by the proposed new legislation.
By the proposed legislation, anyone who participates in an illegal assembly would be subject to a one-year jail sentence. The law requires that police officers keep a public record of any protest notifications that they receive.
Furthermore, the measure grants anyone in Kenya the right to check the register while the officers are on duty.
Furthermore, the measure intends to give authorities the authority to impose limits on a demonstration if they believe it may endanger public lives and property.
However, if the High Court imposes a condition, the organiser can file a petition to overturn the rule. Protesters must submit this petition within three days of receiving the notification.
