CS Kindiki Proposes 10 Changes To Law On Demonstrations

Interior Cabinet Secretary Kithure Kindiki has announced that the government intends to introduce in Parliament changes to the law which governs how demonstrations are carried out in the country.

In a statement to newsrooms on Sunday, March 26, Kindiki revealed that the government was considering making changes to the Public Order Act, with up to 10 changes proposed on regulations of picketing, assembly, demonstrations and petitions.

"Shortly, the Government shall introduce in Parliament subsidiary legislation in the form of Regulations pursuant to the Public Order Act and the Statutory Instruments Act to provide for the legal circumscription of assemblies, demonstrations, pickets and petitions," stated Kindiki in part.

The proposed changes include the following:

1. Notification Procedures;
2. Duties of security agencies to protect the rights of those participating in the assembly, demonstration, picket or petition
3. Demarcation of assembly, demonstration, picket and petition zones;
4. Duty of public agencies and institutions to set aside a zone for persons who wish to present petitions to public authorities;
5. Duty of organizers of assemblies, demonstrations, pickets and petitions to provide the hours, routes and other relevant information to assist law enforcement agencies to escort them and provide them with security;
6. Consent requirements from persons whose activities are likely to be affected by assemblers, demonstrators, picketers and petitioners; 
7. Obligations of the organizers of assemblies, demonstrations, pickets and petitions to ensure that the activities remain peaceful, unarmed and generally within the law including compliance with the duty not to infringe on the rights of others;
8. Limitations on the number of assemblers, demonstrators, picketers and petitioners at any particular occasion;
9. Responsibility for clean-up costs; and
10. Responsibility for, and payment of, damages to those harmed by activities of assemblers, demonstrators, picketers or petitioners.

"Presently, it is not feasible for security organs to allow masses of people to roam streets and neighbourhoods of their choice carrying stones and other offensive weapons while chanting political slogans and disrupting the daily activities of others," he added.

Accordingly, law enforcement agencies, Kindiki vowed, shall not tolerate the reported plans to repeat the violent, chaotic and economically disruptive protests that took place in Nairobi and Kisumu on March 20, 2023, whatsoever.

In addition, Kindiki noted that the government noted with clarity that the Article 37 right in the Constitution of Kenya to assemble, demonstrate, picket and petition was given judicial interpretation previously in High Court (Milimani) Petition 269 of 2016: Ngunjiri Wambugu Versus The Inspector General of Police, The Cabinet Secretary for Interior & the Attorney General.

This right creates a legal duty on assemblers, demonstrators, picketers and petitioners to carry out their activities peaceably and unarmed; while security agencies are obliged to immediately stop demonstrations if they are armed with any form of weapons, including stones or other offensive weapons.

"The Constitution and Statute Law enjoin security agencies to do everything within the law to protect the lives and property of non-protestors, who also have equal rights to go about their nation-building activities without intimidation or the threat of harm.

"Non-demonstrators and third parties enjoy equal rights and freedoms during assemblies, demonstrations, pickets and petitions since their fundamental rights and freedoms are not suspended during such activities," Kindiki added.

The proposed changes come hours after Inspector General of Police Japhet Koome maintained that the planned mass action on Monday, March 27 is illegal, warning protesters that will take to the streets of consequences in their bid to enforce law and order.

According to Koome, the police force is ready and equipped for that day and will arrest those planning to disrupt businesses and destroy property while warning politicians who are on record intimidating junior officers as they discharge their duties.

He also confirmed that he has withdrawn the security of politicians who have confirmed their participation in tomorrow’s protests, even as he criticised Azimio’s demands to have IEBC’s elections servers opened.

IG Japhet Koome addressing the media on Sunday, March 26, 2023. /CITIZEN DIGITAL