NAIROBI, Kenya – Public Service Cabinet Secretary nominee Geoffrey Ruku has dismissed concerns that his proposed Assemblies and Demonstration Bill, 2024 seeks to undermine the right to protest, insisting that the legislation is intended to protect the public from the harmful effects of disorderly demonstrations.
Appearing before the National Assembly Committee on Appointments for vetting,the Mbeere North MP said the Bill responds to increasing concerns over the disruption and destruction caused by recent protests across the country, particularly by opposition supporters and Gen Z-led movements.
“The intention of the Bill is not to take away anyone’s rights. It’s about finding a balance between the right to demonstrate and the right of others to go about their lives without fear, injury, or loss of property,” Ruku told the vetting panel chaired by Speaker Moses Wetang’ula.
The proposed legislation, currently under public participation, seeks to impose stricter guidelines on protests—particularly barring demonstrations on highways and other sensitive public spaces.
If passed, it would also give the Interior Cabinet Secretary sweeping powers to regulate public gatherings.
The Bill has faced criticism from rights groups, legal experts, and opposition lawmakers, who argue that it poses a direct threat to civil liberties protected under Article 37 of the Constitution, which guarantees the right to assemble, demonstrate, and picket peacefully.
Minority Leader Junet Mohammed took issue with Ruku’s proposals, accusing him of attempting to legislate conditions that could make it harder for citizens to exercise their rights.
“Article 37 is self-executing. It doesn’t require enabling laws. As long as protesters are peaceful and unarmed, they have a right to picket. You’re introducing limitations that the Constitution doesn’t support,” Junet said.
In response, Ruku maintained that the Constitution permits peaceful demonstrations not violent or disruptive ones.
He pointed to incidents where protests led to the destruction of property, school closures, and even injuries, arguing that the law should provide protection for vulnerable groups such as children, the sick, and the elderly.
“We’ve witnessed the vandalism of highways, the storming of Parliament, and the loss of innocent lives. This Bill seeks to ensure demonstrations remain peaceful, as intended by the Constitution,” he said.
The Assemblies and Demonstration Bill also proposes the creation of a “regulating officer” who would be empowered to collect personal details of protest organizers and participants, set conditions for demonstrations, and cancel or reschedule gatherings deemed unsafe.
Stakeholders say the move could pave the way for surveillance, intimidation, and the criminalization of dissent, warning that the executive could wield excessive control over the right to protest.
Despite the backlash, Ruku insisted that the Bill was crafted in good faith and invited further public input.
“If there are valid concerns, they can be addressed through amendments. But we cannot ignore the fact that the country needs a clear legal framework to manage public assemblies safely and responsibly,” he stated.
