MP Ruku Introduces Bill to Regulate Protests and Picketing
Geoffrey Ruku, member of parliament for Mbeere North, has proposed a bill to regulate the conduct of demonstrations and picketing in what appears to be an effort to quell opposition anti-government demonstrations.
Ruku desires that protest organizers be held liable for any damage or loss of life or property and that those who participate in illegal protests be sentenced to one year in prison.
While defending the proposed Bill, the lawmaker stated that it does not restrict the rights and freedoms of Kenyans to picket or demonstrate, but rather ensures that protest organizers engage in peaceful demonstrations.
This comes amid threats by the coalition party Azimio la Umoja One Kenya to resume protests over the government’s failure to address their concerns, such as lowering the cost of living.
According to the lawmaker from Mbeere North, such demonstrations in recent years have resulted in massive destruction, looting, and even deaths.
“We must ensure public safety, public order, and the protection of the rights and liberties of others. This must be regulated, and we must ensure that demonstrations do not violate the rights of others, argues Ruku.
The bill aims to amend Article 37 of the Kenyan Constitution, which grants every citizen the right to assemble, demonstrate, and picket.
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Some of the proposals include making the organizer of a demonstration liable for any damage resulting from the assembly, and that if a person defies the law and proceeds to organize and participate in an illegal assembly, they are considered to have violated the Penal Code and are subject to a one-year prison sentence.
“The Bill recognizes the right to picket, but in a democratic society we must be disciplined, we must run a disciplined nation, we must put measures in place; how far police can go, the responsibilities of the organizers of the demonstrations…you can’t destroy property, we can’t have a loss of life in the course of demonstrations, let us have peaceful demonstrations, and to achieve this we must have regulations,” he said.
The Bill also empowers the police to deal with protesters, so that any officer above the rank of inspector has the authority to prevent individuals from holding an assembly where there is an imminent risk of a potential breach of peace or public order.
In addition, they will prevent protesters from deviating from the route specified in the notice to the point where they are restricted, ensure that there is no interference with the movement of vehicles or pedestrians, and maintain an appropriate distance between rival groups if they meet.
Others include the fact that, in the spirit of Utumishi Kwa Wote, they protect persons and property regardless of whether or not they are demonstrators.
The representative asserts that if the bill, which is currently in the committee stage, receives approval from the August House, the organizers of mass protests will ensure that the gatherings do not result in loss of life or property.
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“In the past, violent demonstrations have resulted in the loss of life and property, but no one has been held accountable,” he said.
The bill also requires organizers to appoint marshals responsible for ensuring that the procession or gathering adheres to Article 37 of the Constitution, which mandates that it be peaceful.
It prohibits the carrying of banners, placards, or even speech deemed to incite hatred or violence against persons, the concealment of faces to ensure that individuals can be identified, the possession of weapons by protesters, and the wearing of clothing resembling that of police officers, among others.
The organizers will be required to adhere to guidelines concerning public safety, the protection of the rights and liberties of non-participating protesters, and the costs of cleaning up after demonstrations, among others.
The proposals are likely to ruffle some feathers, as the government has previously been criticized by the opposition for being overbearing during previous demonstrations.
The Ministry of Interior and National Administration had also alluded to the possibility of introducing a bill to regulate the demonstrations, but MP Ruku asserts that his proposal is independent.
MP Ruku Introduces Bill to Regulate Protests and Picketing
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