Ruku draws parallels with Passaris’ anti-demos bill, says his was better

Public Service CS Geoffrey Ruku on Thursday defended his botched proposed law, which aimed at setting stringent rules for protesters.

The immediate former Mbeere North MP came under fire after he moved the Assembly and Demonstration Bill, 2024, with critics saying it was aimed at curtailing freedoms guaranteed by the constitution.

During an interview on NTV, the CS dismissed assertions that he was out to stifle any rights, but was geared to sanitise demos in the country.

”With the growing calls for regulation of demonstration, I feel good because I am vindicated. We faced the backlash because people didn’t get to read and understand the Bill.”

The CS said the aim was to ensure all Kenyans exercise the right enshrined in Article 37 of the Constitution, while respecting others’ rights too.

He said the legislation was designed for protests to be “exercised in the most organised manner so that the conveners get the intended outcome”.

Ruku maintained that his Bill aligned with Article 37, which guarantees peaceful and unarmed protests.

“It was to ensure the letter and spirit of the constitution is adhered to, such as protesters marching peaceably and unarmed,” the CS said.

Key provisions of the Bill, which the National Assembly Justice Committee shot down, included a requirement for advance notice to the police.

Protest organisers were required to notify police three to 14 days beforehand, detailing routes, slogans and participant numbers.

It also designated protest leaders to maintain order and set the ground for them to be charged with legal liability for any damages.

Protests were limited to between 6 am to 6 pm and were banned from highways and from interfering with private businesses.

Ruku likened the measures to US protest laws, claiming they prevent chaos while preserving the rights of other persons.

“In the current laws, we don’t have definitions of what assembly is, assembly notice and convener of demos, and a clear definition of what a demonstration is. We need to have these clear in our minds.”

“Your right to avoid protests should be protected in the law. We need to have a law which defines these terms. The aim was to protect the rights of other persons who had no interest in a demonstration,” the CS explained.

On whether a new law is necessary, he argued that his aim was to do away with provisions of the current Public Order Act (1952) which police use to contain demos.

Ruku criticised the law, which the anti-demos bill by Nairobi Woman MP Esther Passaris is anchored on, as a colonial relic, outdated and one that was designed to suppress dissent rather than regulate democratic expression.

“The current law is anchored on the Public Order Act…which is a very old law of 1952 and was not meant for a democratic country.”

“It was to subdue the natives. It was enacted by colonialists to gag Kenyans and curtail the enjoyment of rights,” Ruku said.

The Public Order (Amendment) Bill, 2025, aims to set a 100 metre radius around key government institutions and installations within which demos would not be allowed.

It also sets a fine of Sh100,000 or three months in jail or both for any violations and further gives the Interior CS unchecked powers to determine zones for demos.

Passaris’ proposal has drawn sharp reactions, with critics pointing to attempts by the President William Ruto administration to crush dissenting voices.

Ruku argued that, unlike the new bid, his proposal repealed Sections 5 and 6 of the Act, which grant police broad powers to ban assemblies.

“The Public Order Act is an outdated law which should not be in place, and hence the reason my Bill was proposing to repeal its Sections 5 and 6.”

The CS emphasised that his Bill sought to prevent the disruption of daily life, including school closures, business interruptions, and blocked access to healthcare during protests.

Opponents of the proposed bid hold that Article 37 already guarantees protest rights without requiring enabling legislation.

They contend that the Bill’s conditions, such as setting barriers for protesters, effectively criminalise spontaneous demonstrations, undermining dissent.

Human rights groups note that while the Bill places disproportionate restrictions on protesters, it fails to address police violence.

During the recent protests, security forces were implicated in killings, disappearances, and sexual violence.

 INSTANT ANALYSIS

The CS also addressed wage discrepancies in the public service, stating that most civil servants are not paid enough compared to their peers in the private sector. He said the public service needs to be expanded to 3 million to meet the country’s development needs.