Maandamano Bill will curtail right of Kenyans to demonstrate, picket

Geoffrey Ruku, a Mbeere North MP, has introduced a bill that would hold protest organizers accountable for any property damage or human casualties.

It suggests that individuals who organize riots should be held accountable for the harm they create and that those who take part in unlawful protests should be sentenced to a year in jail.

However, according to attorney Morara Omoke, the Bill would restrict protesters’ rights if it were to become law.

“From a legal perspective, the proposed Bill would violate the constitution’s prohibition against the restriction of rights. The Penal Code already contains regulations that cover how to deal with people who damage property,” according to Omoke.

The effort to gather signatures is political and has no bearing on the law.The effort to gather signatures is political and has no bearing on the law.

He argued that the idea of a one-year prison sentence for participating in unlawful protests should be reevaluated because the word “illegal protests” is open to several interpretations.

“If that Bill is approved by Parliament, I’m confident that it will be declared unconstitutional by the courts since it restricts people’s rights. Because most protests are calm until the police show up and incite the crowd, conveners cannot be arrested,” he continued.

The effort to gather signatures is political and has no bearing on the law.The effort to gather signatures is political and has no bearing on the law.

He argued that the idea of a one-year prison sentence for participating in unlawful protests should be reevaluated because the word “illegal protests” is open to several interpretations.

“If that Bill is approved by Parliament, I’m confident that it will be declared unconstitutional by the courts since it restricts people’s rights. Because most protests are calm until the police show up and incite the crowd, conveners cannot be arrested,” he continued.

The Bill allows police the authority to stop participants from going to a different location or deviating from the path stated in the relevant notice in order to deal with “rogue” protestors.

Limit gatherings

In order to avoid obstructing traffic and pedestrians, to maintain a reasonable distance between the assembly participants and the rival assembly, and to allow those who are not interested in the protests access to their homes and places of employment, they will also have the authority to limit the gathering to specific locations.

The proposed law further states that “police shall have the power to order any participant interfering with demonstrations to cease and take such steps as may be necessary to protect persons and property.”

Holding conveners accountable, according to constitutional attorney Bobby Mkangi, is akin to trying to predict how protests would turn out.

When it comes to picketing and protests, “this is a proposal that seeks to kill the intention of the constitution,” claimed Mkangi.

He emphasizes that there are already laws in place to deal with crimes and other breaches of the peace.

Ruku, though, is confident that the Bill would rein in the protests’ excesses.

By passing this Bill, he continued, “we will have the legal foundation to pursue and hold accountable those who act outside the bounds of the constitution.”

The Bill also specifies restrictions on picketers, including that they must not carry offensive weapons, wear clothing or other items that conceal their faces or make it impossible for authorities to identify them, or wear anything that resembles the uniforms of security forces like the police or Kenya Defence Force.

The measure also states that it is unlawful for anybody to encourage hatred toward another due to differences in culture, race, sex, language, or religion by banners, placards, speeches, songs, or in any other way.

The proposed law also notifies people who call for a public gathering with insufficient or no notice.

The proposed Bill states, “Any person who knowingly contravenes or fails to comply with the notice of a condition to which a demonstration is subject, commits an offence and upon conviction shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding one year, or to both.”

Kenyans who desire to protest must also notify the authorities at least three days but no later than 14 days prior to the proposed date of the protest, and the notice must include the proposed location of the protest or the route in the event of a public procession.