A broad coalition of government agencies, civil society groups, and human rights organizations has vehemently opposed the Assembly and Demonstration Bill (National Assembly Bill No. 28 of 2024), citing concerns over its potential to violate constitutional provisions and infringe on fundamental rights.
The Bill, introduced by Hon. Geofrey Ruku (Mbeere North), aims to regulate public assemblies, demonstrations, picketing, and petitions, and is designed to implement Article 37 of the Constitution. However, stakeholders, including the National Police Service (NPS), National Police Service Commission (NPSC), Independent Policing Oversight Authority (IPOA), Kenya National Commission on Human Rights (KNCHR), and several civil society organizations, argue that the Bill undermines the constitutional right to assembly and expression.
During a consultative meeting with the Committee on Administration and Internal Security, led by Hon. Gabriel Tongoyo (Narok West), the participants expressed their strong opposition to the proposed law. The Bill seeks to introduce new regulations requiring a regulating officer to set conditions for holding assemblies or demonstrations, with the option for conveners to apply to the High Court to alter or challenge the conditions. This, according to critics, would place undue restrictions on the ability of citizens to peacefully protest.
Representatives from NPSC and IPOA argued that existing laws, such as the Public Order Act, already provide adequate mechanisms for managing public gatherings, rendering the new Bill redundant. The Public Order Act, which is currently under review, offers a structured approach to managing demonstrations, and stakeholders warned that the Bill could lead to legal conflicts.
The KNCHR and civil society representatives raised alarm over the Bill’s potential to curtail freedom of assembly and expression, particularly by granting excessive powers to the police and reducing citizens’ ability to organize peaceful protests. KNCHR emphasized that law enforcement's role should be to facilitate, not restrict, peaceful demonstrations as guaranteed by the Constitution.
During the meeting, committee members sought clarity on whether amendments could address these concerns. However, stakeholders unanimously agreed that the Bill should be withdrawn altogether. They urged that any necessary reforms be included in the ongoing review of public order regulations, rather than creating a new law that could duplicate existing provisions.
Hon. George Kaluma, a member of the Committee, praised the engagement, noting that the contributions had enriched the discussions. He encouraged civil society groups, especially youth, to continue participating in such dialogues. “This Committee is enriched by your submissions. You should take every opportunity to attend and contribute to such engagements,” he urged.
Hon. Rozaah Buyu (Kisumu West) commended the youth for their insightful and knowledgeable contributions, highlighting their importance in shaping policy discussions.
The Committee Chairperson, Hon. Gabriel Tongoyo, concluded the meeting by thanking stakeholders for their participation and assuring them that their views would be taken into account when the Committee prepares its report for the House. “The Committee received more than 1,300 views regarding the proposed legislation. All these views will be considered and will form part of the Committee’s report,” Hon. Tongoyo noted.
The rejection of the Assembly and Demonstration Bill underscores the ongoing debate over balancing public order regulation with the protection of fundamental rights in Kenya.
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