NAIROBI, Kenya – Kenya’s top police oversight body and independent human rights agencies have called for the withdrawal of a controversial bill seeking to tighten regulations on public demonstrations, branding it “retrogressive” and unnecessary.
The Independent Police Oversight Authority (IPOA), the Kenya National Commission on Human Rights (KNCHR), and the National Police Service Commission (NPSC) dismissed the Assemblies and Demonstrations Bill, 2024, as an ill-advised attempt to stifle constitutional freedoms.
The agencies voiced their opposition during a session with the National Assembly’s Committee on Administration and Internal Security, which is currently gathering public views on the bill sponsored by Mbeere North MP Geoffrey Ruku.
The proposal has triggered national backlash, with critics warning it could severely limit the right to peaceful assembly, which is enshrined in Article 37 of the Constitution.
IPOA Chief Executive Officer Elema Halake told lawmakers that the bill contradicts existing constitutional protections and undermines ongoing efforts to refine public order management laws.
“The authority recommends the withdrawal of the bill. The Public Order Act already provides a robust legal framework for regulating public assemblies and demonstrations,” Halake said.
Instead, IPOA urged MPs to focus on amending the Public Order Act in line with recommendations from the Maraga Taskforce Report, which proposed reforms based on past experiences in handling protests.
KNCHR also raised concerns that the bill would disproportionately empower authorities to regulate protests, potentially leading to abuse.
“The state bears the primary duty to facilitate and maintain peace and order at an assembly or demonstration,” KNCHR Commissioner Prof. Marion Mutugi said.
“Organisers should not be obligated to assist the police in carrying out their primary duty,” she added.
The bill was introduced last year in the wake of nationwide youth-led demonstrations. It proposes sweeping powers for law enforcement to restrict protests deemed disruptive to public order.
If passed, violators would face fines of up to Sh100,000 or jail terms, while organisers would be required to meet strict pre-event notification conditions.
Supporters of the bill, including MP Ruku, argue that it seeks to balance the right to protest with public safety.
Ruku maintains the proposal is meant to enforce Article 37 of the Constitution while protecting protesters, non-protesters, and businesses.
However, the National Police Service (NPS) has also backed calls for the bill’s withdrawal.
NPS Director of Training Wycliffe Opiyo told the committee that instead of enacting a new law, existing legal frameworks should be reviewed and improved.
Initially, NPS had suggested amendments to the bill, including reducing the threshold for what constitutes a public gathering from 100 people to 10, aligning it with current legal definitions.
With key security agencies and rights watchdogs rejecting the proposal, the bill now faces an uncertain future as the committee continues to gather public input.
