Kindiki proposes changes to law on demonstrations

He said the government was going to introduce 10 changes to the law.

In Summary
  • He also wants demonstrators to take responsibility for clean-up costs and responsibility for, and payment of, damages to those harmed by their activities.
  • As of now, Kindiki said it is not practical for officers to allow masses to roam the streets and neighborhoods of their choice armed.
Interior Cabinet Secretary Kithure Kindiki
Interior Cabinet Secretary Kithure Kindiki
Image: MINISTRY OF INTERIOR

Interior Cabinet Secretary Kithure Kindiki has proposed a change in Article 37 of the Constitution.

In a statement released on Sunday, Kindiki said the government was going to introduce 10 changes to the law. 

"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," he said.

The CS said the proposed clauses will include notification of procedures, duties of security agencies to protect the rights of those participating in the demonstrations, demarcation of assembly zones and duty of public agencies and institutions to set aside a zone for persons who wish to present petitions to public authorities.

Others are the duty of demonstration organisers to provide the hours, routes and other relevant information to assist law enforcement agencies to escort them and provide them with security, and a requirement of consent from persons whose activities are likely to be affected by picketers.

Further, Kindiki said the changes will include the addition of the obligations of demonstration organisers 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 and limitations on the number of demonstrators at any particular occasion.

He also wants demonstrators to take responsibility for clean-up costs and responsibility for, and payment of, damages to those harmed by their activities.

Article 37 of the Constitution guarantees every person the right to, peaceably and unarmed, assemble, demonstrate, picket and present petitions to public authorities.

As of now, Kindiki said it is not practical for officers to allow masses to roam the streets and neighbourhoods of their choice armed.

He said they were not going to tolerate the planned protests.

"Accordingly, law enforcement agencies 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," he said. 

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