• Bill said to be limiting the constitutional rights of Kenyans to picket and demonstrate peacefully.
• Proponents said damage to property and harm to people is serious and organisers should have to pay. Critics said it's up to police to keep order at legal demos.
Image: HILTON OTENYO
Demonstration organisers got a big win on Thursday after MPs shot down a Bill that would have made them pay for property damage caused picking or rallies.
MPs of the National Assembly said proposed amendments to the Public Order Act would unfairly subject organisers of public gatherings to endless litigation.
It was shot down before reaching the second stage of reading.
Peaceful picketing and demonstrations are a constitutional right.
The Bill by Ruiru MP Simon King’ara sought to impose a Sh100,000 fine or six years in jail for anyone who causes harm to a person or property damage during a public processing. It also covers loss of earnings.
The Bill reads: "The court may an order over and above the sentence imposed, that the person or the organiser compensates the affected persons on such terms as the court may deem proper to grant."
King'ara said it was necessary to end huge losses suffered by people when demonstrations turn chaotic.
He said there should be designated spots for picking, saying over the years protesters have disrupted businesses and endangered or taken lives.
“Peoples have lost lives and property as others fights for their rights. You can imagine what happens when demonstrators block an ambulance. All rights are equal and should be treated equally," the MP said.
Image: JOHN KAMAU
King'ara was backed by nominated MP David Sankok who said people with disability, whom he represents, suffer most during demonstrations.
“This bill is trying to bring order to the public so that as you fight for your rights, you don’t infringe on mine,” the MP said.
He said it was time to end losses caused by demonstrations, especially by political movements.
But lawmakers fought the proposal, calling it unconstitutional and contradicting existing laws.
Rarieda MP Otiende Amollo said the right to demonstrate and petition or picket is enshrined in Article 24 of the Constitution – thus cannot be limited by legislation.
“The mover and the seconder have not demonstrated that the limitation they are proposing is reasonable and justifiable,” the MP said.
He further cited lack of consultations with the Treasury and said the Bill concerns counties, contrary to what its proponents say.
“The Constitution allows you to petition any government including the county governments. This amendment is legally contradictory as it refers to unlawful assembly,” Amollo said.
“You cannot introduce amendments that address a lawful assembly to a section that refers to an unlawful assembly.”
Amollo added that the amendment seeks to introduce civil matters in a criminal context.
Minority leader John Mbadi said the bill limits the rights of Kenyans and urged the House to quickly reject it.
“We need to be very careful. It has been said a number of times that when passing any legislation, think about the future. This shouldn’t have been the bill."
The Suba South MP also said there were ambiguities in the law, citing challenges such as tabulation of the loss of earnings.
“There is a mismatch in the jail term and the period one would serve as a sentence if convicted under the proposed law,” the MP said.
Mbadi said there was no way organisers would be subjected to compensate for damages in a legal procession or lawful public rally.
“It is the responsibility of the government to ensure they maintain law and order in any public gathering whether in a meeting organised by the government or any politician.”
Emurua Dikirr Johana Ng’eno also fought the Bill, saying, "This amendment must be returned to sender.”
“People demonstrating are not happy with the people or institutions they are demonstrating against. It is the responsibility of the police to ensure there is peace and order. The police should be answerable for any damages,” the MP said.
He cited a peaceful demonstration in his constituency that was infiltrated by goons who got into a confrontation with the police.
“I don’t think this law is necessary. Demonstration is a right given by the Constitution. It is not a privilege to demonstrate – it's a right,” the MP said.
Gitonga Murungara said an amendment to the Constitution would be needed to put the law into effect. He said some offences mentioned in the Bill are covered by other laws.
Homa Bay Town MP Opondo Kaluma said human rights are not gifts to any person – they are inalienable, intrinsic and inherent.
“Breaches or violation of the law are the reason you notify the police of a planned demonstration,” he said.
Owing to the numerous votes against the bill, the proposed legislation was defeated before it could be moved to the second reading stage.
(Edited by V. Graham)