The police oversight body and other independent government agencies now want the bill seeking to regulate demonstrations withdrawn, terming it retrogressive.
The Independent Police Oversight Authority, Kenya National Commission on Human Rights and National Police Service Commission termed the proposal by Mbeere North MP Geoffrey Ruku unnecessary and ill-informed.
The agencies appeared before the National Assembly’s Committee on Administration and Internal Security, which is taking stakeholders views on the Assembly and Demonstration Bill, 2024.
The bill has sparked national outrage, with critics warning it will curtail fundamental freedoms including the right to peaceful assembly.
Ipoa chief executive officer Elema Halake told the committee chaired by Narok West MP Gabriel Tongoyo that the proposal offends Article 37 which allows for peaceful assembly and protests.
Instead, Halake told MPs to allow the proposed amendments to the Public Order Act to go on as was recommended by the Maraga task force report.
The report, according to Ipoa, comprehensively captures issues arising in public order management.
“The authority recommends the withdrawal of the bill. It proposes that the Public Order Act, which already provides a robust and well-established legislative framework for regulating public assemblies and demonstrations, be amended to align it more closely with constitutional provisions and international human rights which Kenya has ratified,” Halake told the committee.
“The passing of the Assemblies and Demonstrations Bill will derail an existing amendment process founded on the detailed Maraga Taskforce Report and the experiential views of key security stakeholders.”
KNCHR flagged some of the proposals saying they give a bigger say to authorities in regulations of demos which might be abused.
“The state bears the primary duty to facilitate and maintain peace and order at an assembly or demonstration,” commissioner Prof Marion Mutugi said.
“Organisers should not be obligated to assist the police in carrying out their primary duty.”
The Bill introduced last year at the height of youth-led protests, seeks to tighten regulations on public demonstrations across Kenya.
The bill sought to grant extensive powers to law enforcement authorities to curb protests deemed disruptive to public order.
Among its provisions were stringent penalties, including fines of up to Sh100,000 and potential jail terms for violators. It also mandated rigorous pre-event notification requirements.
Critics viewed this provision as restrictive on the constitutionally guaranteed right to peaceful assembly. Ruku said the bill was founded on the need to give effect to Article 37 of the constitution and to enhance the safety and security of the protesters, non-protesters and businesses.
National Police Service director for training Wycliffe Opiyo supported calls for the withdrawal of the proposals. Initially, NPS had proposed a number of amendments to the bill including reviewing the number of a gathering from the proposed 100 to 10 persons.
This, NPS noted, is to retain the current definition of public gathering to mean an assembly of 10 or more persons.
