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KATHURE: Protecting Kenya's right to protest against Ruku's bill

The proposed bill to regulate demos is a disheartening example of the erosion of democratic principles.

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by MUTHURI KATHURE

Siasa06 July 2023 - 11:25
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In Summary


  • The Public Order Act already grants the police powers to maintain public order during demonstrations.
  • Blanket restrictions and punitive measures undermine the democratic values that Kenya has worked hard to uphold since its independence.
Azimio protests in Mathare, Nairobi county, on March 27, 2023.

In recent times, Kenya has witnessed a troubling trend towards curbing the fundamental right to protest and express dissent.

The proposed bill by MP Geoffrey Ruku to regulate demonstrations and picketing is a disheartening example of the erosion of democratic principles and the stifling of citizens' voices.

While the aim of ensuring peaceful protests may be commendable, the bill's draconian measures threaten to silence legitimate grievances and undermine the very essence of a vibrant democracy.

Underpinning the proposed legislation is a desire to hold protest organisers accountable for any damage or loss of lives and property that may occur during demonstrations. While safeguarding public safety and order is essential, it should not come at the cost of stifling dissent and limiting the rights enshrined in the constitution.

Article 37 guarantees every Kenyan the right to assemble, demonstrate, and picket, recognising the importance of citizens' voices in shaping a just and equitable society.

The proposed bill fails to strike a balance between preserving public order and respecting citizens' rights. By imposing stringent penalties, including imprisonment, on those participating in "outlawed" assemblies, the bill effectively criminalises dissent and hinders peaceful expression of grievances.

Rather than fostering dialogue and understanding, such measures can breed further resentment and alienation, potentially exacerbating the very issues they seek to address.

It is crucial to examine the existing legal framework governing public protests before introducing further restrictive measures.

The Public Order Act already grants the police powers to maintain public order during demonstrations, and any reforms should focus on strengthening the accountability and professionalism of law enforcement agencies. Blanket restrictions and punitive measures undermine the democratic values that Kenya has worked hard to uphold since its independence.

Kenya is not alone in grappling with the delicate balance between safeguarding public order and protecting the right to protest. Regional and international legal mechanisms, such as the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights, provide guidance on how governments can uphold public safety while respecting the right to peaceful assembly.

The principles established by these instruments emphasise the importance of proportionality, non-discrimination, and allowing peaceful demonstrations to take place without undue interference.

Furthermore, it is essential to look to global best practices in contentiously regulating protests. Countries such as Canada, the UK and Germany have adopted models that prioritise dialogue, cooperation and engagement between organisers, law enforcement agencies and relevant stakeholders.

These approaches focus on facilitating peaceful assemblies, ensuring public safety,and addressing concerns without resorting to heavy-handed measures that impede freedom of expression.

While it is crucial to maintain public safety during demonstrations, it is equally important to safeguard citizens' right to voice their concerns freely. Rather than resorting to restrictive legislation, the government should focus on fostering an environment conducive to open dialogue and peaceful resolution of conflicts.

This can be achieved through the establishment of mechanisms that encourage meaningful engagement between the government, civil society, and citizens, enabling constructive conversations that address the root causes of grievances.

As Kenya progresses on its path towards greater democracy and development, it is essential to remember that vibrant civil society and citizen participation are key components of a thriving nation. By stifling dissent and imposing stringent regulations on protests, we risk undermining the very foundations upon which our democracy stands.

It is time for all stakeholders to engage in an open and inclusive dialogue on how to ensure that protests are conducted peacefully while upholding citizens' rights. Rather than adopting measures that suppress dissent, let us focus on building bridges of understanding and cooperation that lead to sustainable solutions for the challenges we face as a nation.

 

Senior programme officer at Article 19 Eastern Africa

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