• Bill seeks stiff penalties for organisers and tightens loopholes in obtaining police clearance for public gatherings
• National Assembly has begun debate on motion to compel government to set aside areas in three biggest cities for the public to demonstrate
Image: JOHN KAMAU
If you are planning a demonstration you should think twice: a proposed law would push you to compensate victims in case the protest turns violent.
The Public Order (Amendment) Bill 2019 makes a provision for organisers of public meetings or public processions leading to loss of property, life or earnings to take responsibility and compensate the affected persons.
The Bill by Ruiru MP Simon King’ara seeks stiff penalties for organisers and tightens existing loopholes in obtaining police clearance for public gatherings.
According to the proposed law, where a person is convicted of an offense the court may order, besides the sentence imposed, that the organiser compensates the affected persons.
“A person who while at a public meeting or public procession causes grievous harm, damage to property or loss of earnings, shall be liable upon conviction to imprisonment for a term not exceeding six years or to a fine not exceeding one hundred thousand shillings, or both,” the Bill reads.
It provides that any person intending to convene a public meeting or a public procession shall notify the regulating officer of such intent at least three days, but not more than fourteen days, before the proposed date of the event.
A notice in a prescribed form shall specify the full names and physical address of the organiser and the proposed date.
The planners will also provide the time, which shall be between six o'clock in the morning and six o'clock in the evening, and the proposed site of the public meeting or route of a procession.
The National Assembly has begun debate on a motion to compel the government to set aside areas in Kenya’s three biggest cities for the public to demonstrate and picket as provided for in the Constitution.
"Police will be required to communicate in writing to organisers the decision to allow or decline such a request and the letter delivered to the physical address specified," the Bill says.
The organiser of every public meeting or procession or his authorised agent shall be present throughout the meeting or procession and shall assist the police in the maintenance of peace and order at the meeting or procession.
The regulating officer or any police officer of the rank of inspector may stop or prevent the holding of any public meeting or public procession held contrary to the provisions.
Any person who neglects or refuses to obey any orders for dispersal issued by the officer shall be guilty of an offence.
Any public meeting or procession held contrary to the provisions shall be deemed to be an unlawful assembly.
At the height of the political standoff following the disputed 2017 polls, King’ara introduced a motion in Parliament seeking tough regulations including having designated areas for protests.
He argued that such restrictions would apply in Nairobi, Mombasa and Kisumu to curb violence, mugging, looting and all manner of crime that characterise some demonstrations.
The Kenya Private Sector Alliance reported in 2017 that Sh700 billion was lost by businesses during the electioneering period.
The provision to restrict protests and demonstrations in Nairobi was among the contentious provisions in the Security Laws (Amendment) Act in 2014 but it was dropped.