NPSC, rights groups seek withdrawal of Demonstration Bill

The Assembly and Demonstration Bill 2024 is facing widespread condemnation, with the police, human rights organizations, civil society groups, and police watchdog bodies calling for its swift withdrawal.

Terming the Bill retrogressive and unconstitutional, stakeholders argue that it infringes on fundamental rights protected by the Constitution.

Appearing before the National Assembly Committee on Administration and Internal Security, the groups raised concerns over the Bill, sponsored by Mbeere North MP Geoffrey Ruku, which seeks to establish a legal framework for regulating public assemblies and demonstrations under Article 37 of the Constitution.

Noise pollution

The National Police Service Commission (NPSC) and the National Police Service (NPS) instead proposed amending existing laws to address noise pollution during protests, rather than enacting a new Bill that could disrupt public order.

NPSC Director of Legal Affairs, James Nduna, noted that while Kenyans have the right to protest, demonstrations should be conducted in a moderate manner.

“We must have a clear provision on how to regulate noise so that it is controlled – just like in the US, where protests occur with minimal noise,” said Nduna.

He further emphasized that demonstrations should not turn into entertainment events. “There must be a way of separating noise from protests because we cannot have a situation where people hire a DJ to entertain crowds in the middle of town,” he stated.

Director of Training at the National Police Service, Wycliffe Opiyo, said that the current Public Order Act lacks specific provisions on noise pollution, making it necessary to include regulations addressing the same.

Duplication of laws

The stakeholders, including the NPSC, NPS, and the Independent Policing Oversight Authority (IPOA), further submitted that amendments to the Public Order Act were already under the consideration of the Attorney General, and that the approval of another passing a bill would lead to a “ duplication of laws.”

The commission was also insistent that the Public Order Act already offers a solid  framework for managing protests while maintaining public order, thus there was no need for the proposed Bill.

“The best approach is to amend the Public Order Act to align with international standards rather than creating a separate bill,” observed Nduna.

 IPOA Chief Executive Elema Halake was opposed to the Bill’s proposal to curtail the rights to assemble, demonstrate, picket, and petition.