The Kenyan government’s proposed Assembly and Demonstration Bill, 2024, has sparked widespread concern among citizens and legal experts alike.
Introduced by Mbeere North MP Geoffrey Ruku, the bill seeks to regulate public gatherings, granting the authorities broad powers to suppress citizens’ constitutional right to peaceful protest. The legislation outlines stringent guidelines for organizing assemblies or demonstrations, including imposing restrictions on grounds of public order, safety, and the protection of individual freedoms. Notably, it seeks to revoke sections 5 and 6 of the Public Order Act, empowering police officers to prevent demonstrators from changing locations or deviating from the specified route.
One of the bill’s most contentious provisions stipulates that violators of the regulations governing assemblies or demonstrations would be committing an offence and could face a fine not exceeding Sh 100,000 or imprisonment for a period not exceeding one year, or both. Critics argue that this measure imposes unnecessary constraints on the constitutional right to assemble and protest peacefully, as outlined in Article 37 of the Kenyan Constitution. The proposed legislation introduces a more cumbersome procedure for organizing public gatherings as it requires demonstrators to provide three days’ prior notice and receive approval within 14 days of the event.
Additionally, organizers must disclose personal details such as full names and addresses, as well as provide information about crowd control measures. The regulating officer would also have the authority to impose conditions related to public safety, order, and the protection of individual rights. The Cabinet Secretary would be empowered to issue regulations that could potentially limit fundamental freedoms, further exacerbating concerns about the bill’s potential impact on citizens’ rights. Proponents argue that the legislation aims to restore the public’s fundamental right to gather and demonstrate peacefully, preventing authorities from arbitrarily curtailing citizens’ freedom of assembly.
The Law Society of Kenya (LSK) has strongly condemned recent incidents where local law enforcement officials have abruptly prohibited protests in Nairobi and Mombasa, despite organizers providing advance notice. In Nairobi, the ‘OccupyParliament’ protests against the Finance Bill were disrupted by police, leading to clashes and the use of teargas. The LSK president Faith Odhiambo describes this police action as a blatant disregard for the constitutional right to peaceful protest.
A similar situation occurred in Mombasa County where demonstrations were held against the Finance Bill. Busia Senator Okiya Omtatah has sparked a discussion about the bill, emphasizing the importance of upholding the Constitution’s integrity and citizens’ democratic right to protest.
The protests should be…
The protests should be upgraded to a MAJOR REVOLUTION (now that poverty threat has solved the major tribalism issue).First the expensive constitution(itself a scam) must be suspended then amended to cut the GK by 3/4.Then mercilessly punish present/past corrupt individuals(dead or alive).
Mbeere North is Full of…
Mbeere North is Full of poverty.
It appears the major problem is poverty of ideas.
How serious are the Mpigs…
How serious are the Mpigs who are lauding Gen. Z for holding demonstrations?
The fact that demonstrations are being held on tax matters,is symptomatic of their failure to be productive,and coming up with means and ways to move forward;economically that is.At this juncture, it pays to also note that,they are part of the only privileged citizens that are hardly affected by increased cost of living brought about by inflation.They shield themselves from financial straits by voting for themselves lucrative benefits pretty much every year,at taxpayers expense.
How serious are the Mpigs…
How serious are the Mpigs who are lauding Gen. Z for holding demonstrations?
The fact that demonstrations are being held on tax matters,is symptomatic of their failure to be productive,and coming up with means and ways to move forward;economically that is.At this juncture, it pays to also note that,they are part of the only privileged citizens that are hardly affected by increased cost of living brought about by inflation.They shield themselves from financial straits by voting for themselves lucrative benefits pretty much every year,at taxpayers expense.
NEW AND REALISTIC SOLUTIONS:…
NEW AND REALISTIC SOLUTIONS: HOW TO GET RID OF IGNORANT AND MISINFORMED ELECTED SERVANTS OF THE PEOPLE.
1. Come 2027, anyone thinking of running for office must have his/her past thoroughly investigated and made public to the voters.
2. Come 2027, all candidates running for an elective position must PASS a test that is based on our New Constitution of Kenya. At the moment, based on the way the police are dealing with peaceful demonstrations, it shows that, neither the attorney general, secretary of the interior, or the chief justice of Kenya have read the New Constitution of 2010.
3. All members of the judiciary, law enforcement, migration, must be required to pass a test of the New Constitution.
4. It seems obvious at the moment that neither the head of state and his deputy have read the New Constitution. Why? The former president’s property was destroyed and his farm set on fire, and so far, no one has arrested or prosecuted for crimes committed. In addition, 75 people were shot and killed when they protested among the Luo micro nation of Kenya, and guess what! No one from the police has been arrested and charged for the atrocities committed.
5. Any candidate willing to run for office must declare the total amount of wealth they have and explain how they acquired their wealth.
6. The word “mheshimiwa” must be eliminated from our active vocabulary and substituted with “ Dada…. Ndugu…or Kaka…
7. The monthly salary must be realistic and made to be made comparable to what ordinary middle class receives per month.
8. No sitting allowances will be provided for attending meetings that they should attend.
9. There will be separation between the church and state affairs. Any church entertaining politicians to address their congregations
will start paying taxes immediately.
10. Appropriate modern technology will be used in order to reduce the amount of gas wasted by elected servants of the people wasted on the roads.